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SMITH v. ONE SUPER WILD CAT CONSOLE MACHINE

500 P.2d 498 (1972)

Raoul P. SMITH, District Attorney for Umatilla County, and Roy Johnson, Sheriff of Umatilla County, Appellants, v. ONE SUPER WILD CAT CONSOLE MACHINE et al., and R. Whitey Scroth, Respondents.

Court of Appeals of Oregon, Department 1.

Decided August 25, 1972.

Rehearing Denied September 19, 1972.

Review Denied October 25, 1972.

Attorney(s) appearing for the Case

R.P. Smith, Dist. Atty., Pendleton, argued the cause and filed the briefs for appellants.

Leo Levenson, Portland, argued the cause for respondents. With him on the brief were Kottkamp & O'Rourke, Pendleton.

Before SCHWAB, C.J., and FORT and HOLMAN, JJ.

FORT, Judge.

This suit is in the nature of an in rem1 proceeding to declare certain described game machines confiscated under former ORS 167.555, and ordering their destruction by the sheriff of Umatilla County and delivery of any coins taken therefrom to the county treasurer. R. Whitey Schroth, the alleged owner of the machines, was named as a defendant. He demurred to the second amended complaint on the ground it fails to state...

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