RACHAU v. BROWNTON


490 P.2d 170 (1971)

Beverly RACHAU and George E. Rachau, Petitioners, v. W.F. BROWNTON, Judge of the Circuit Court of the State of Oregon for the County of Union, Defendant.

Supreme Court of Oregon, In Banc.

Decided November 5, 1971.


Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for petitioners. With him on the brief were Bemis, Breathouwer & Joseph, Portland, and Walter H. Sweek and Vergeer, Samuels, Roehr & Sweek, Portland.

Carl G. Helm, LaGrande, argued the cause for defendant. With him on the brief were Helm & Wasley, LaGrande.


TONGUE, Justice.

This is a mandamus proceeding to require a trial judge to set aside an order to "correct" a transcript of proceedings for the purposes of an appeal to this court.

By that "correction," the trial judge refused to include as a part of the record on appeal testimony offered at a hearing to reconsider the oral denial by him of a motion to set aside a default judgment. No written order had been entered denying that motion until after the proceedings...

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