STATE EX REL. PERRY v. SAWYER


500 P.2d 1052 (1972)

STATE of Oregon ex rel. William D. Perry, Relator, v. Loren L. SAWYER, Circuit Judge of the State of Oregon for Jackson County, Defendant.

Supreme Court of Oregon, In Banc.

Decided September 8, 1972.


Attorney(s) appearing for the Case

William V. Deatherage, Medford, argued the cause for relator. On the brief were Frohnmayer & Deatherage, Medford.

William G. Carter, Medford, argued the cause for defendant. With him on the brief was William A. Mansfield, Medford.


HOWELL, Justice.

This is an original proceeding in mandamus to require the defendant, a circuit judge in Jackson county, to set aside an order requiring separate trials on the issues of liability and damages in a personal injury case. We issued an alternative writ, and the defendant has filed a demurrer to the writ.

The sole question presented is whether the defendant trial judge has authority in this case to order separate trials. The question is one of first...

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