Carlson v. Slusher

Oregon Supreme Court

Carlson v. Slusher

13 P.2d 334, 140 Or. 699, 1932 Ore. LEXIS 43

DecidedJuly 18, 1932

StatusPublished

This text of 13 P.2d 334 (Carlson v. Slusher) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carlson v. Slusher, 13 P.2d 334, 140 Or. 699, 1932 Ore. LEXIS 43 (Or. 1932).

Pincite

Opinion

PER CURIAM.

This is a mandamus proceeding to compel the sheriff of Clatsop county to act under and pursuant to a writ of execution issued to satisfy a judgment obtained on appeal to this court. The trial court, by an injunction order, has temporarily stayed the execution and sale. An affidavit of prejudice having heretofore been filed against the circuit judge in this case, we think it is plain that he no longer has any power to act in any proceeding connected therewith.

It follows that the demurrer to the alternative writ is overruled and a peremptory writ will issue.

Other reasons could be assigned supporting the issuance of the writ, but we think the above will suffice.

Brown and Kelly, JJ., not sitting.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is a mandamus proceeding to compel the sheriff of Clatsop county to act under and pursuant to a writ of execution issued to satisfy a judgment obtained on appeal to this court. The trial court, by an injunction order, has temporarily stayed the execution and sale. An affidavit of prejudice having heretofore been filed against the circuit judge in this case, we think it is plain that he no longer has any power to act in any proceeding connected therewith.

It follows that the demurrer to the alternative writ is overruled and a peremptory writ will issue.

Other reasons could be assigned supporting the issuance of the writ, but we think the above will suffice.

Brown and Kelly, JJ., not sitting.

Cite This Page — Counsel Stack

Bluebook (online)

13 P.2d 334, 140 Or. 699, 1932 Ore. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlson-v-slusher-or-1932.