Opinion · Orlaw Oregon

PITT v. SUNDERLAND, 56 Or. App. 751 (1982)

In the Matter of Application of Sherman Theo Pitt, for a Writ ofHabeas Corpus, PITT, Appellant, v. SUNDERLAND, Respondent., 642 P.2d 703 (Or. Ct. App. 1982)

Type
Opinion
Court
Orlaw Oregon
Jurisdiction
Orlaw
Date
1982-04-05
Topic
general

PITT v. SUNDERLAND, 56 Or. App. 751 (1982) 642 P.2d 703 In the Matter of the Application of Sherman Theo Pitt, for a Writ ofHabeas Corpus, PITT, Appellant, v. SUNDERLAND, Respondent. No. 16-81-06435, CA A22089Oregon Court of Appeals.Argued and submitted December 18, 1981 Appeal dismissed April 5, 1982 Appeal from Circuit Court, Lane County.

Citator

UpLaw has not yet analyzed PITT v. SUNDERLAND, 56 Or. App. 751 (1982). The absence of a flag is not a finding that it is good law.

PITT v. SUNDERLAND,56 Or. App. 751(1982)
642 P.2d 703
In the Matter of the Application of Sherman Theo Pitt, for a Writ of
Habeas Corpus, PITT,Appellant,v. SUNDERLAND,Respondent.
No. 16-81-06435, CA A22089
Oregon Court of Appeals.
Argued and submitted December 18, 1981
Appeal dismissed April 5, 1982
Appeal from Circuit Court, Lane County.

Maurice K. Merten, Judge.
Thomas L. Fagan, Eugene, argued the cause and filed the brief for appellant.

William F. Nessly, Jr., Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General and William F. Gary, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Warden and Warren, Judges.
PER CURIAM

Appeal dismissed.Page 752
PER CURIAM
Plaintiff appeals from an order in a habeas corpus proceeding sustaining a demurrer1to his replication to the return to the writ. The order appealed from provides: "It is ordered that the demurrer be sustained, with plaintiff being allowed to plead further." An order sustaining a demurrer is not appealable.J.Gregcin, Inc. v. City of Dayton,287 Or. 709,601 P.2d 1254(1979). No order dismissing plaintiff's petition has been entered.See Scott v. Cupp,55 Or. App. 23,637 P.2d 173(1981).

Appeal dismissed.Page 753
  1. Proceeding by habeas corpus is a civil proceeding.Holland v.Gladden,229 Or. 573,368 P.2d 331(1962). Demurrers shall not be used. ORCP 13C. ↩