Feller v. Wright

Court of Appeals of Oregon

Feller v. Wright

781 P.2d 1273, 99 Or. App. 379

CourtCourt of Appeals of Oregon

DecidedNovember 8, 1989

DocketCV88-718; CA A60277

StatusPublished

This text of 781 P.2d 1273 (Feller v. Wright) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feller v. Wright, 781 P.2d 1273, 99 Or. App. 379 (Or. Ct. App. 1989).

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Opinion

PER CURIAM

Plaintiff, an inmate at Eastern Oregon Correctional Institution, appeals from the dismissal of his claim for habeas corpus relief after the trial court granted defendant’s ORCP 21 A(l) motion to dismiss for lack of subject matter jurisdiction. Because “any motion practice other than an ORS 34.680 motion to strike is inappropriate in habeas corpus actions,” the trial court erred in entertaining defendant’s motion to dismiss. Bedell v. Schiedler, 307 Or 562, 566, 770 P2d 909 (1989); Lane v. Maass, 98 Or App 75, 778 P2d 503 (1989).

Reversed and remanded.

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PER CURIAM

Plaintiff, an inmate at Eastern Oregon Correctional Institution, appeals from the dismissal of his claim for habeas corpus relief after the trial court granted defendant’s ORCP 21 A(l) motion to dismiss for lack of subject matter jurisdiction. Because “any motion practice other than an ORS 34.680 motion to strike is inappropriate in habeas corpus actions,” the trial court erred in entertaining defendant’s motion to dismiss. Bedell v. Schiedler, 307 Or 562, 566, 770 P2d 909 (1989); Lane v. Maass, 98 Or App 75, 778 P2d 503 (1989).

Reversed and remanded.

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Bluebook (online)

781 P.2d 1273, 99 Or. App. 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feller-v-wright-orctapp-1989.

Opinion

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