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BRAWNER v. SANDERS

244 Or. 302 (1966)

417 P.2d 1009

BRAWNER v. SANDERS

Supreme Court of Oregon.

Peremptory writ allowed September 9, 1966.

Attorney(s) appearing for the Case

William M. Dale, Portland, argued the cause for defendant. With him on the briefs was A.C. Roll, Roseburg.

Phil Cass, Jr., Eugene, argued the cause for plaintiff. On the brief were Riddlesbarger, Pederson, Brownhill & Young, Eugene.

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

DEMURRER TO ALTERNATIVE WRIT OVERRULED; PEREMPTORY WRIT ALLOWED.

GOODWIN, J.

This is an original proceeding in mandamus to test the vitality of the rule that "[i]n the absence of an enabling statute, a voluntary association cannot be sued by its association name. It has no legal existence, and the persons composing it must be joined individually * * *." Kimball v. Lower Columbia Fire Assn., 67 Or. 249, 252,...

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