Hall v. McCan
Oregon Supreme Court
From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice McBride. This is an action by E. O. Hall against Charles P. McCan to recover the sum of $1,250. Summons was served upon defendant on May 11, 1912, and on May 22nd a default judgment was taken against him before the clerk. On May 23rd there was filed a motion to vacate the judgment and for leave to answer.
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From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice McBride. This is an action by E. O. Hall against Charles P. McCan to recover the sum of $1,250. Summons was served upon defendant on May 11, 1912, and on May 22nd a default judgment was taken against him before the clerk. On May 23rd there was filed a motion to vacate the judgment and for leave to answer. In support of the motion, plaintiff filed an affidavit of defendant to the effect that he was served with summons on Saturday, May 12th; and that early Monday morning he delivered the summons and complaint to his attorney,…
1Opinion of the CourtJustice McBride
1. The granting or refusing a motion to open up a default and permit an answer on the merits is a matter for the exercise of sound discretion of the court, and is never disturbed on appeal except for an abuse of that discretion. As remarked by this court in Hanthorn v. Oliver, 32 Or. 57 (51 Pac. 440: 67 Am. St. Rep. 518), quoting from Watson v. Railroad Co., 41 Cal. 20, “ ‘applications of this character are addressed to the * * legal discretion of the court in which the default has occurred, and should be disposed of by it as substantial justice may seem to require. Each case must be…
2Cases cited4 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Hanthorn v. OliverOregon Supreme Court · 1897
- McFarlane v. McFarlaneOregon Supreme Court · 1904
- Bowman v. HolmanOregon Supreme Court · 1906
3Cited by6 opinions
- Lake v. LakeWyoming Supreme Court · 1947
- Hickman v. SwainCourt of Appeals of Texas · 1919
- Capalija v. KulishOregon Supreme Court · 1921
- Flynn v. DavidsonOregon Supreme Court · 1916
- Astoria Savings Bank v. NormandOregon Supreme Court · 1928
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