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ROGERS v. KING

245 Or. 627 (1967)

423 P.2d 761

ROGERS v. KING

Supreme Court of Oregon.

Reversed and remanded February 15, 1967.

Attorney(s) appearing for the Case

David N. Hobson, Portland, argued the cause for appellant. With him on the briefs were Phillips, Coughlin, Buell & Phillips, and Warren Hastings.

Jack H. Cairns, Portland, argued the cause for respondent. With him on the brief was Raymond J. Conboy.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

REVERSED AND REMANDED.

LUSK, J.

This is an action to recover on a bond given for the recall of an execution. A trial before the court without a jury resulted in a judgment for the defendant from which the plaintiff appeals.

The action grows out of a case in which the plaintiff was the plaintiff in this action and the defendants were Lloyd L. Day and United Development Co., an Oregon corporation. In that case...

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