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APPLICATION OF STRAIN

SC 27618.

624 P.2d 106 (1981)

290 Or. 535

In the matter of the APPLICATION OF Albert H. STRAIN for a Writ of Habeas Corpus. Albert H. Strain, Plaintiff-Relator, v. William E. Griffin, Lake County Sheriff, Defendant.

Supreme Court of Oregon,

Decided February 25, 1981.

Attorney(s) appearing for the Case

Myron Gitnes, Lakeview, argued the cause for plaintiff.

James E. Mountain, Jr., Asst. Atty. Gen., Salem, argued the cause for defendant.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, TANZER and CAMPBELL, JJ.

LENT, Justice.

The issue is whether a civil contemnor may stay his imprisonment for the contempt by filing notice of appeal from the order of contempt, supported by an undertaking for costs on appeal. We hold that he may.

This exercise of original jurisdiction in habeas corpus1 concerns a claim by one imprisoned under ORS 33.020(2).2 The plaintiff was found by the circuit court to be in contempt of...

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