
    Argued April 3,
    reversed April 9,
    objections to cross-bill allowed June 4, 1929.
    H. MAIZELS v. SAM A. KOZER, Secretary of State.
    (276 Pac. 277.)
    For appellant there was a brief over the names of Mr. I. H. Van Winkle, Attorney General, with an oral argument by Mr. J. B. Hosford, Assistant Attorney General.
    For respondent there was a brief and oral argument by Mr. B. W. Macy.
    
   PEE OUEIAM.

This case arose in a controversy between two merchants over a trademark. The Hon. Sam A. Kozer, then Secretary of State, directed a cancellation of plaintiff’s trademark because, in his opinion, it was an infringement of a trademark to which A. Yolchok, the other merchant, was entitled. Plaintiff sued out a writ of review. The writ was not served on the opposing party to the proceeding before the Secretary of State, to wit: A. Yolchok. For this reason the Circuit Court was without jurisdiction to entertain the case: Or. L., § 609; Williams v. Henry, 70 Or. 466, 468 (142 Pac. 337).

The judgment of the Circuit Court is reversed and proceedings dismissed. Reversed and Dismissed.  