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KOWALESKI v. KOWALESKI

227 Or. 45 (1961)

361 P.2d 64

KOWALESKI v. KOWALESKI

Supreme Court of Oregon.

Reversed April 19, 1961.

Attorney(s) appearing for the Case

Milton O. Brown, Portland, argued the cause and filed the brief for appellant.

Roland F. Banks, Portland, argued the cause for respondent. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN and KING, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the plaintiff, Bernice Kowaleski, from a judgment which the circuit court entered in favor of the defendant, Antone Kowaleski, after it had sustained the defendant's motion for the entry of judgment on the pleadings. The motion was predicated upon this ground:

"* * * it affirmatively appears from the pleadings on file herein that any injury sustained by plaintiff was result of acts of plaintiff's husband...

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