Smith v. Morris

Plaintiff appeals from an order dismissing his forcible entry and detainer (FED) action under ORS 105.105 to ORS 105.165. The court dismissed the action, because there was “another action pending between the same parties for the same cause.” ORCP 21A(3). We reverse.

Plaintiff leased a building to defendants. A dispute developed concerning the lease, and defendants sued plaintiff for breach of the lease. Plaintiff asserted several counterclaims, but not a claim for possession of the building. Plaintiff brought this action separately against defendants to recover possession.

The issue is whether…