SMITH v. O'BYRNE

9012-07674; CA A70036.

831 P.2d 709 (1992)

113 Or. App. 128

Dallas SMITH, Appellant, v. T. Leonard O'BYRNE, Respondent, and Marianne Duval and Harold Duval, Defendants.

Court of Appeals of Oregon.

Decided May 13, 1992.

Reconsideration Denied July 1, 1992.

Review Denied July 21, 1992.


Attorney(s) appearing for the Case

Fred B. Miller, Portland, filed the briefs for appellant.

T. Leonard O'Byrne, Portland, filed the brief pro se.

Before BUTTLER, P.J., and ROSSMAN and De MUNIZ, JJ.


DE MUNIZ, Judge.

Plaintiff brought this creditor's action to satisfy a judgment that he obtained against O'Byrne in 1987. He appeals a judgment dismissing his claim on the ground that an Oregon court could not exercise jurisdiction over O'Byrne, a California resident. We reverse and remand.

In determining whether O'Byrne is subject to the jurisdiction of an Oregon court, we look to the allegations of plaintiff's complaint and O'Byrne's affidavit. State...

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