WILSON v. KARTES

L85-0225; CA A43728.

762 P.2d 1054 (1988)

93 Or.App. 469

Gerald D. WILSON and Nina F. Wilson, Husband and Wife, Respondents, v. Dorothy Amanda KARTES and William Boyd Barron, Appellants.

Court of Appeals of Oregon.

Decided October 19, 1988.


Attorney(s) appearing for the Case

Colleen O'Shea Clarke, Portland, argued the cause for appellants. With her on the briefs were James P. Draudt and Weiss, DesCamp and Botteri, Portland.

Ray Fechtel, Eugene, argued the cause for respondents. With him on the brief was Ray Fechtel, P.C., Eugene.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

Defendants appeal a judgment for plaintiffs for damages to their mining claims in this action for trespass and ejectment. We affirm.

The action was tried without a jury. Defendants did not present any evidence. Defendant Kartes did not appear. At the close of the evidence, plaintiffs moved for a "directed verdict and judgment," because their evidence was unrebutted. All parties and the court interpreted plaintiffs' motion as a request that,...

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