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SMITH v. ONE SUPER WILD CAT CONSOLE MACH.

488 P.2d 847 (1971)

Raoul P. SMITH, District Attorney for Umatilla County, Oregon, Respondent, v. ONE SUPER WILD CAT CONSOLE MACHINE, 1232, 973P, et al., Defendants, R. Whitey Schroth, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 21, 1971.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause and filed the brief for appellant.

Raoul P. Smith, Dist. Atty., Pendleton, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

THORNTON, Judge.

Defendant, owner of 11 coin-operated "free play" amusement machines, appeals from an order setting aside a previous dismissal order entered by consent of the parties in proceedings by plaintiff, District Attorney for Umatilla County, to declare defendant's amusement machines public nuisances and forfeited.

The sole issue on appeal is: Did the trial judge have authority to set aside a previous but virtually contemporaneous order entered by...

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