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STATE EX REL. EVERETT v. SANDERS

544 P.2d 1043 (1976)

STATE of Oregon ex rel. Robert P. Everett and Pauline Everett, Husband and Wife, Petitioners, v. The Honorable Don H. SANDERS, Judge of the Circuit Court of the State of Oregon for the County of Douglas, Defendant.

Supreme Court of Oregon, In Banc.

Decided January 22, 1976.

Attorney(s) appearing for the Case

Charles Lee, Roseburg, argued the cause for defendant. On the brief was William L. Lasswell, Dist. Atty., of Douglas County.

Wallace D. Cegavske, Roseburg, argued the cause for petitioners. With him on the brief was Stults, Murphy & Anderson, Roseburg.

Argued and Submitted on Defendant's Demurrer to Alternative Writ of Mandamus October 31, 1975.

HOLMAN, Justice.

Petitioners filed an original proceeding in mandamus to compel a circuit judge to enter a judgment against four defaulting defendants in a suit in which petitioners were plaintiffs. The judge filed a return to an alternative writ, contending that the facts stated in the writ are insufficient to justify the relief requested.

Petitioners initially...

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