Morrow County School District 1 v. Oregon Land & Water Co.

In this action to quiet title, Oregon Land and Water Company and Evans (defendants) appeal from a judgment by default entered pursuant to ORCP 69B(2). They contend that the trial court erred when it granted plaintiffs motion for an order of default and when it denied defendants’ motion to be relieved from the default. We hold that defendants were not in default when the trial court granted the default motion and therefore reverse.

On August 9, 1983, plaintiff filed its complaint. On August 11, defendants were served. On August 17, plaintiff obtained an order directing defendants to appear and…