Opinion

State Ex Rel. Ware v. Hieber

  • 267 Or. 124
  • 515 P.2d 721
  • 1973 Ore. LEXIS 280
Court
Oregon Supreme Court
Filed
Nov 1, 1973
Status
Published
Author
O'Connell
On the bench
Bryson, Denecke, Holman, Howell, O'Connell, Tongue
Cited by
28 cases
Authority
More cited than 7.1%

mandamus not available to compel court to decide facts in a particular way

How later courts described this case

  • mandamus not available to compel court to decide facts in a particular way
  • in a mandamus proceeding, when the facts are in dispute, this court accepts reasonable factual inferences that the trial court could have made
  • mandamus will not compel defendant to decide disputed questions of fact in a particular way

Written by the judges who cited it.

The opinion

O’CONNELL, C. J.,

dissenting.

For the reasons developed in my dissenting opinion in. State ex rel White Lumber Sales v. Sulmonetti, 252 *137 Or 121, 128 , 448 P2d 571, 574 (1968), I am of the opinion that the proper forum for the litigation of the action brought by Black Diamond Enterprises, Inc. against the Wares is the defendants’ domicile. Therefore, the service upon the Wares should be quashed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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