Finch v. Pacific Reduction & Chemical Mfg. Co.

The plaintiffs assume that the motion and the authority of the court to vacate the judgment weré based upon the provisions of Section 103, Oregon Laws, whereby the court may, within the time therein limited, relieve a party from a judgment taken against him through his mistake, inadvertence, surprise, or excusable neglect.

It is true that in this jurisdiction the defendant, on filing a motion to set aside a judgment for the reasons enumerated in Section 103, Or. L., is required to show facts constituting a defense on the merits, and he must tender an answer to the merits concurrently with the…