STATE EX REL CARROLL v. REDDING


245 Or. 81 (1966)

418 P.2d 846

STATE EX REL CARROLL v. REDDING

Supreme Court of Oregon.

Peremptory writ allowed October 12, 1966.

Petition for rehearing denied November 22, 1966.


Attorney(s) appearing for the Case

James B. O'Hanlon, Portland, argued the cause for plaintiff. With him on the briefs were Mautz, Souther, Spaulding, Kinsey & Williamson, and Thomas M. Triplett, Portland.

Philip A. Levin, Portland, argued the cause for defendant. With him on the brief were Pozzi, Levin & Wilson, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.


PEREMPTORY WRIT ALLOWED.

HOLMAN, J.

Plaintiff-relator (relator) is the defendant in an action brought by one Smith. Relator filed a motion to quash the service of summons in that action which the defendant, as judge of the circuit court, overruled. Relator then petitioned this court for the issuance of an alternative writ of mandamus directing defendant to quash the service of summons or to show cause why he had not done so. This court accepted jurisdiction...

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