C.O.W., INC. v. MOTOR VEHICLES DIV., OR. DEPT.

No. 101951; CA 10462.

586 P.2d 107 (1978)

36 Or.App. 73

C.O.W., INC., a California Corporation, Appellant, v. MOTOR VEHICLES DIVISION, Oregon Department of Transportation, and Floyd N. Cass, Respondents.

Court of Appeals of Oregon.

Decided November 6, 1978.


Attorney(s) appearing for the Case

T.W. Churchill, Salem, argued the cause for appellant. With him on the brief was Churchill & Leonard, Salem.

Michael C. McClinton, Salem, argued the cause for respondent Floyd N. Cass. With him on the brief was Clark, Marsh & Lindauer, Salem.

No appearance for respondent Motor Vehicles Division, Oregon Dept. of Transp.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.


JOSEPH, Judge.

Plaintiff, a California corporation, appeals from a judgment dismissing its declaratory judgment action against defendant Cass, a California resident, ("defendant") following allowance of his motion to quash service of process had in California.1

Plaintiff alleged that as owner it lawfully came into possession of a 1966 White Freightliner truck and its certificate of title, that defendant "took" the certificate and...

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