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CAREY v. LINCOLN LOAN CO.

(CC 9706-04753; CA A117696; SC S53242).

157 P.3d 775 (2007)

342 Or. 530

David Lee CAREY and Tanya Maria Carey, Husband and Wife, Respondents on Review, v. LINCOLN LOAN CO., an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon.

Decided April 12, 2007.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., of Green & Markley, P.C., Portland, filed the brief for petitioner on review. With him on the brief was Steven E. Benson, Portland.

John M. Berman, Tigard, filed the brief for respondents on review.

Mary H. Williams, Solicitor General, Salem, filed the brief for amicus curiae State of Oregon. With her on the brief was Hardy Myers, Attorney General.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

BALMER, J.

Is the Court of Appeals lawfully constituted? Defendant Lincoln Loan Co. argues that it is not, because — in defendant's view — the provision of the Oregon Constitution that purports to authorize the legislature to establish courts was improperly adopted in 1910. It therefore follows — again, in defendant's view — that, when the legislature created the Court of Appeals by statute in 1969, it had no authority to do so. For that...

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