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STEVENS v. SCANLON

248 Or. 229 (1967)

430 P.2d 1019

STEVENS, Appellant, v. SCANLON, Respondent.

Supreme Court of Oregon.

Reversed and remanded September 7, 1967.

Petition for rehearing denied November 21, 1967.

Attorney(s) appearing for the Case

Donald B. Bowerman, Portland, argued the cause for appellant. With him on the brief were Rask, Hefferin & Bowerman and Ernest W. Kissling, Portland.

Lyle C. Velure, Medford, argued the cause for respondent. On the brief were Collins & Redden, Medford.

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

REVERSED AND REMANDED.

DENECKE, J.

The issues in this appeal concern the statute of limitations applicable to actions against administrators or executors and the statute permitting the refiling of actions after a judgment of nonsuit.

The plaintiff's cause of action for malpractice accrued in July, 1963. The decedent, the physician, died in November, 1963. Plaintiff filed her action against the defendant, the decedent's executor. The case went to trial...

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