Rogue Valley Memorial Hospital v. Salem Insurance Agency, Inc.

This is an appeal from an order denying the motion of defendant Oetinger to set aside a default judgment. We affirm.

Defendant’s motion was based upon OES 18.160. ① Although that statute is to be construed to the end that every defendant should have an opportunity to have his day in court, a motion to vacate a default judgment is nevertheless addressed to the sound discretion of the trial judge. That discretion must not be exercised arbitrarily, but in accordance with established legal principles. The refusal of a trial judge to grant such a motion will not be overruled, however, except for…