Milton J. Wershow Co. v. McVeety MacHinery Co.

Plaintiff brought this contract action which was settled before trial. As part of the settlement a default judgment was entered against the defendant McVeety Machinery Company (of Oregon). After the default judgment had been entered defendants’ counsel recalled that McVeety Machinery Company had filed a bond discharging an attachment made by the plaintiff in the action. The parties to the bond would be required to pay the amount of the bond in satisfaction of the judgment. For this reason the defendant company moved to set aside the default judgment upon the ground that it had been entered by…