Court of Appeals of Oregon, 1982

Pitt v. Sunderland

Pitt v. Sunderland
Court of Appeals of Oregon · Decided April 5, 1982 · Buttler, Warren
56 Or. App. 751; 642 P.2d 703; 1982 Ore. App. LEXIS 2843

Pitt v. Sunderland

Opinion of the Court

PER CURIAM

Plaintiff appeals from an order in a habeas corpus proceeding sustaining a demurrer1 to his replication to the return to the writ. The order appealed from provides: β€œIt 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 P2d 1254 (1979). No order dismissing plaintiffs petition has been entered. See Scott v. Cupp, 55 Or App 23, 637 P2d 173 (1981).

Appeal dismissed.

Proceeding by habeas corpus is a civil proceeding. Holland v. Gladden, 229 Or 573, 368 P2d 331 (1962). Demurrers shall not be used. ORCP 13C.

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