Kirkland v. Zenon

Court of Appeals of Oregon

Kirkland v. Zenon

820 P.2d 1375, 110 Or. App. 36, 1991 Ore. App. LEXIS 1804

CourtCourt of Appeals of Oregon

DecidedNovember 27, 1991

Docket90-C-12086; CA A68098

StatusPublished

This text of 820 P.2d 1375 (Kirkland v. Zenon) 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

Kirkland v. Zenon, 820 P.2d 1375, 110 Or. App. 36, 1991 Ore. App. LEXIS 1804 (Or. Ct. App. 1991).

Pincite

Opinion

PER CURIAM

In this habeas corpus action, defendant concedes that plaintiff s denial of the key factual allegations in defendant’s return created a material factual dispute and that the replication alleged facts which, if true, constitute a denial of plaintiffs constitutional rights for which there is no other available adequate remedy. The trial court, therefore, erred in granting defendant’s motion to strike and in entering final judgment for defendant. We accept the concessions.

Reversed and remanded.

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PER CURIAM

In this habeas corpus action, defendant concedes that plaintiff s denial of the key factual allegations in defendant’s return created a material factual dispute and that the replication alleged facts which, if true, constitute a denial of plaintiffs constitutional rights for which there is no other available adequate remedy. The trial court, therefore, erred in granting defendant’s motion to strike and in entering final judgment for defendant. We accept the concessions.

Reversed and remanded.

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Bluebook (online)

820 P.2d 1375, 110 Or. App. 36, 1991 Ore. App. LEXIS 1804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkland-v-zenon-orctapp-1991.