If the defendant does not show cause by motion to dismiss or answer, a peremptory mandamus shall be allowed against the defendant. If the answer contains new matter, the same may be moved against or replied to by the plaintiff, within such time as the court or judge may prescribe. If the replication contains new matter, the same may be moved against by the defendant within such time as the court or judge may prescribe, or the defendant may countervail such matter on the trial or other proceedings by proof, either in direct denial or by way of avoidance.
ORS 34.180
Applied in 2 court decisions — leading case State Ex Rel. Portland Habilitation Center, Inc. v. Portland State University (2012)
Most recently applied in State Ex Rel. Portland Habilitation Center, Inc. v. Portland State University (December 2012)
Amended by 1979 c.284 §71
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.