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OTTO & HARKSON CO. v. JOSEPHINE CO.

207 Or. 199 (1956)

295 P.2d 875

OTTO & HARKSON REALTY CO. v. JOSEPHINE COUNTY ET AL

Supreme Court of Oregon.

Affirmed April 4, 1956.

Attorney(s) appearing for the Case

Robert B. Duncan argued the cause for appellant. On the brief were McAllister, Duncan & Brophy, Medford.

W.W. Balderree argued the cause for respondents. On the brief were Balderree & Calvert and Max L. McMillin, District Attorney for Josephine County, all of Grants Pass.

Before WARNER, Chief Justice, and ROSSMAN, LUSK, BRAND, LATOURETTE and PERRY, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff from a decree in favor of the defendants which the circuit court entered after it had sustained a demurrer to the complaint and the plaintiff had declined to plead further. The defendants are Josephine County and the sheriff of that county. The demurrer presented charges that the complaint did not state a cause of suit and that the proceeding was not commenced...

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