DILGER v. SCHOOL DISTRICT 24CJ


222 Or. 108 (1960)

352 P.2d 564

DILGER v. SCHOOL DISTRICT 24CJ

Supreme Court of Oregon.

Reversed May 25, 1960.


Attorney(s) appearing for the Case

Pat Dooley, Portland, argued the cause and filed briefs for appellant.

Robert De Armond, Salem, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.


REVERSED.

O'CONNELL, J.

The plaintiff prays for a declaratory judgment adjudicating the respective rights and duties of the plaintiff and the defendant School District under ORS 336.260, popularly known as the released time statute. The defendant demurred to the complaint on the ground that it failed to state a cause of action. The trial judge raised a question as to whether an application for a declaratory judgment is demurrable, whereupon counsel for both...

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