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KENNER v. SCHMIDT

448 P.2d 537 (1968)

Karl K. KENNER, Appellant, v. Morris SCHMIDT, Respondent.

Supreme Court of Oregon, In Banc.

Decided December 31, 1968.

Attorney(s) appearing for the Case

John T. Lewis, The Dalles, argued the cause and filed briefs for appellant.

Roger L. Dick, The Dalles, argued the cause for respondent. On the brief were Dick & Dick.

Before PERRY, C.J., and McALLISTER, O'CONNELL, GOODWIN, DENECKE, HOLMAN and LUSK, JJ.

Argued and Submitted at Pendleton May 6, 1968.

McALLISTER, Justice.

The plaintiff appeals from a judgment which dismissed his action for damages on the ground that it was not commenced with in the time limited by law. The case involves the interpretation of ORS 12.030, which provides when an attempt to commence an action is equivalent to the commencement thereof.

Plaintiff's cause of action against defendant for damages for personal injuries accrued...

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