[Download] "Smith v. One Super Wild Cat Console Machine" by Department One Court of Appeals of Oregon # eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. One Super Wild Cat Console Machine
- Author : Department One Court of Appeals of Oregon
- Release Date : January 25, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This suit is in the nature of an in rem proceeding to declare certain described game machines confiscated under former ORS 167.555, and ordering their destruction by the sheriff of Umatilla County and delivery of any coins taken therefrom to the county treasurer. R. Whitey Schroth, the alleged owner of the machines, was named as a defendant. He demurred to the second amended complaint on the ground it fails to state a cause of action and further that "ORS REF167.555(1)(2)(3)/REF is null and void and inapplicable to defendant Schroth, in that it deprives him of his property without due process of law" contrary to both the United States and state constitutions. The court sustained the demurrer on the ground "the allegations * * * did not disclose that the machines were per se unlawful and thus subject to forfeiture" and dismissed the complaint. Plaintiffs appeal.
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