Taylor v. Nelson

On Petition foe Reheaeing

(8 P. (2d) 1089)

BROWN, J.

The appellant has filed a petition for a rehearing, in which he asserts that we erred in our former opinion in holding that the cause was at issue long before the defendant filed his motion and proofs relating to the disqualification of the judge, and likewise in denying his petition for postponement of the trial. For a statement of the facts see our original opinion.

In our original opinion we called attention to section 2-103, Oregon Code 1930, wherein it is stated that—

“An issue of fact arises—

“1. Upon a material allegation in the complaint,…