Coos Bay Navigation Co. v. Endicott
Oregon Supreme Court
From Coos: J. O. Fullerton, Judge. This is an action by the Coos Bay, Roseburg and Eastern Railroad and Navigation Company against Julia M. and William W. Endicott, to appropriate land for a right of way for a railroad.
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From Coos: J. O. Fullerton, Judge. This is an action by the Coos Bay, Roseburg and Eastern Railroad and Navigation Company against Julia M. and William W. Endicott, to appropriate land for a right of way for a railroad. The summons was served upon the defendants on the third day of May, 1894. On the twenty-second of the same month their default for want of an answer was duly entered, and on the succeeding day a jury was called, which, after hearing the testimony offered by the plaintiff, assessed the defendants’ damages at the sum of $150, the amount admitted in the complaint. On the next day…
1Opinion of the CourtJustice Bean
It is a well settled rule that an application to set aside a default is addressed to the sound discretion of the trial court, and that its action thereon will not be disturbed on appeal, unless there is an abuse thereof, and especially so when a default has been set aside, as in this case, and a successful defense afterwards made: City of Chicago v. Adams, 24 Ill. 492. It is true this discretion is not an arbitrary one, but must be exercised in conformity with the spirit of the law, and in accordance with the rules established in reference thereto: Thompson v. Connell, 31 Or. 231 (65 Am. St.…
2Cases cited9 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Thompson v. ConnellOregon Supreme Court · 1897
- Kelley v. HighfieldOregon Supreme Court · 1887
- Hanthorn v. OliverOregon Supreme Court · 1897
- Kumli v. Southern Pacific Co.Oregon Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Carmichael v. CarmichaelOregon Supreme Court · 1921
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
- Hust v. Moore-Mccormick Lines, Inc.Oregon Supreme Court · 1946
- Sorenson v. Oregon Power Co.Oregon Supreme Court · 1905
- Carmichael v. CarmichaelOregon Supreme Court · 1923
10 more not listed; retrieve them via the Exa API.