Flynn v. Davidson
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Harris. Bernard Flynn commenced a suit to foreclose a delinquent tax certificate against Watson P. Davidson, Sumpter Hotel Company, a corporation, Wilson Investment Company, a corporation, Frank Beaden, Emma Beaden, J. W. Morrow and Cus Pinson.
Read the full summary
From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Harris. Bernard Flynn commenced a suit to foreclose a delinquent tax certificate against Watson P. Davidson, Sumpter Hotel Company, a corporation, Wilson Investment Company, a corporation, Frank Beaden, Emma Beaden, J. W. Morrow and Cus Pinson. All the defendants having’ defaulted, the court rendered a judgment and decree; but afterward the default of Watson P. Davidson, one of the defendants, was set aside, the judgment and decree were vacated, and he was permitted to file an answer. The plaintiff appealed from the order.…
1Opinion of the CourtJustice Harris
1, 2. As a general rule, an order setting aside a default is of an intermediate character, and is not appealable, although it may be reviewed if an appeal is taken from the final judgment or decree: Taylor v. Taylor, 61 Or. 257 (121 Pac. 431, 964); Hall v. McCan, 62 Or. 556 (126 Pac. 5). The appellant concedes the general rule, but relies upon what is said in First Christian Church v. Robb, 69 Or. 283 (138 Pac. 856), contends that the order was void and therefore an utter nullity, and argues that a void order is appeal-able The merits of the order can neither be examined nor determined on a…
2Cases cited4 opinions
- First Christian Church v. RobbOregon Supreme Court · 1914
- Taylor v. TaylorOregon Supreme Court · 1912
- Hall v. McCanOregon Supreme Court · 1912
- St. Martin v. HendershottOregon Supreme Court · 1915
3Cited by8 opinions
- Lytle v. Payette-Oregon Slope Irrigation DistrictOregon Supreme Court · 1944
- Carmichael v. CarmichaelOregon Supreme Court · 1921
- Milton J. Wershow Co. v. McVeety MacHinery Co.Oregon Supreme Court · 1972
- Columbia Auto Works, Inc. v. YatesOregon Supreme Court · 1945
- Salem King's Products Co. v. La FolletteOregon Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.