State ex rel. Automobile Emporium, Inc. v. Murchison

Plaintiff has petitioned for rehearing, asserting that our holding that "Direct appeal is an adequate remedy unless the relator would suffer a special loss beyond the burden of litigation by being forced to trial” is inconsistent with prior cases. We did not attempt an exhaustive review of all mandamus caselaw, but this supplemental opinion reviewing some of the cases upon which it relies may be helpful in alleviating any confusion such as that embodied by the plaintiff’s contention.

First, plaintiff cites State ex rel Ricco v. Biggs, 198 Or 413, 255 P2d 1055 (1953), for its implication that…