PAKOS v. WARNER


441 P.2d 593 (1968)

Robert F. PAKOS, Appellant, v. William WARNER, Anita Warner, Louis Jensen, Jane Doe Jensen, A.J. Sandin, Jane Doe Sandin, Donald Neuhaus, Dorothy Neuhaus, Harold Robert Scott, Hans Nilsen, Elaine Nilsen, Respondents, Georgia Kirk, John Doe Joiner, Eileen B. Joiner, Defendants. Lillian J. Pakos, Appellant, v. William Warner, Anita Warner, Louis Jensen, Jane Doe Jensen, A.J. Sandin, Jane Doe Sandin, Donald Neuhaus, Dorothy Neuhaus, Harold Robert Scott, Hans Nilsen, Elaine Nilsen, Respondents, Georgia Kirk, John Doe Joiner, Eileen B. Joiner, Defendants.

Supreme Court of Oregon, Department 2.

Decided May 31, 1968.


Attorney(s) appearing for the Case

Charles E. Hodges, Jr., Portland, argued the cause and filed briefs for appellants.

R. Vernon Cook, Gresham, argued the cause and filed a brief for respondents Nilsen. With him on the briefs for respondents Warner, Jensen, Sandin, Neuhaus, Ellingson and Scott were Potts & Powers, Portland.

Before PERRY, C.J., and SLOAN, GOODWIN, DENECKE and HOLMAN, JJ.


DENECKE, Justice.

There are numerous lawsuits and parties involved in these appeals; however, it is not necessary for the purpose of this decision to state all the procedural steps which culminated in the issue now on appeal.

Plaintiffs filed actions they denominated actions to recover damages for abuse of process. These actions were dismissed upon the court's own motion for lack of prosecution. Within one year after the dismissal, but after the applicable...

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