Criqui v. Pearl Music Co.

Defendant Zimmerman appeals from the trial court’s denial of his motion to set aside a default judgment pursuant to ORS 18.160.1 We affirm.

Plaintiff filed his complaint in February, 1977. Defendant, a resident of Utah, filed an answer in May, 1977. In July, 1977, plaintiff noticed defendant for deposition, but he failed to appear. Thereafter, pursuant to ORS 45.190, plaintiff moved to strike defendant’s pleadings and the motion was granted by order of September 13, 1977. On September 15, 1977, plaintiff’s attorney sent defendant a copy of the order striking the pleadings, together with a…