Smith v. One Super Wild Cat Console MacHine

This suit is in the nature of an in rem ① proceeding to declare certain described game machines confiscated under former ORS 167.555, and ordering their destruction by the sheriff of Umatilla County and delivery of any coins taken therefrom to the county treasurer. R. Whitey Schroth, the alleged owner of the machines, was named as a defendant. He demurred to the second amended complaint on the ground it fails to state a cause of action and further that “ORS 167.555(1) (2) (3) is null and void and inapplicable to defendant Schroth, in that it deprives him of his property without due process of…