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MacKILLOP v. FOSTER

No. 19,881; CA A30213.

683 P.2d 146 (1984)

In the matter of the Application of John Kelley MacKillop for a Writ of Habeas Corpus, John Kelley MacKillop, Respondent, v. Charles FOSTER, Sheriff of Marion County, Appellant.

Court of Appeals of Oregon.

Argued and Submitted April 9, 1984.

Attorney(s) appearing for the Case

Robert C. Cannon, Marion County Legal Counsel, Salem, argued the cause and filed the brief for appellant.

Charles D. Burt, Salem, argued the cause for respondent. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Plaintiff, then over 21, was found in contempt by the Marion County Circuit Court, Juvenile Department, for failing to pay previously ordered restitution. He filed a writ of habeas corpus and sought his release on the ground that the circuit court had no jurisdiction to find him in contempt. The circuit court agreed and ordered his release. The sheriff appeals.

The issue is whether the circuit court, acting as the juvenile court, has...

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