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JORDAN v. WISER

TC A8206-03788; CA A32450; SC S32434.

726 P.2d 365 (1986)

302 Or. 50

Elizabeth JORDAN, Individually and as Guardian Ad Litem for Gwenda Jordan, Appellant, Respondent on Review, v. Lawrence D. WISER, Petitioner on Review, Leona Jones, Defendant.

Supreme Court of Oregon.

Decided October 7, 1986.

Attorney(s) appearing for the Case

Rick L. Haselton, Portland, filed the petition for review and argued the cause for petitioner on review. With him on the petition for review was Lindsay, Hart, Neil & Weigler, Portland.

Robert Wollheim, Portland, argued the cause and filed a response to the petition for review. With him on the response was Welch, Bruun & Green, Portland.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

CAMPBELL, Justice.

This case involves the interpretation and application of ORCP 7. The issue is whether service of a summons occurs by mere physical delivery of summons and complaint to a defendant if the person making the delivery does not have an intent to serve summons and is not authorized to do so by the plaintiff or plaintiff's attorney. We hold that there is no service of summons.

On October 26, 1980, a collision occurred between automobiles operated...

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