Payne v. Savage
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. On December 21, 1906, plaintiffs commenced an action against defendant in the circuit court for Marion County, to recover $500 as commission on the sale of real estate. On the 31st of that month, and during term time, defendant answered, denying the averments of the complaint, and setting up certain affirmative matter as a defense.
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From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. On December 21, 1906, plaintiffs commenced an action against defendant in the circuit court for Marion County, to recover $500 as commission on the sale of real estate. On the 31st of that month, and during term time, defendant answered, denying the averments of the complaint, and setting up certain affirmative matter as a defense. Plaintiffs’ attorneys reside in Portland, and the answer was served upon the clerk, as required by the rules, and immediately mailed to them at their post office address. Plaintiffs failed…
1Opinion of the CourtChief Justice Bean
An application to set aside a default or for permission to plead after the time allowed by law has expired, is addressed to the sound discretion of the trial court, and its action thereon will not be disturbed on appeal, unless there is an abusé of discretion. This rule has so often been declared and applied by this court that it is useless to cite authorities. Each case must depend on its own peculiar facts. Upon the showing made by plaintiffs this court would not be justified in holding that the trial court abused its discretion in denying the application. Plaintiffs’ attorneys were…
2Cases cited1 opinion
- Horn v. United Securities Co.Oregon Supreme Court · 1905
3Cited by5 opinions
- King v. MitchellOregon Supreme Court · 1950
- Carlson v. Bankers Discount Corp.Oregon Supreme Court · 1923
- Capalija v. KulishOregon Supreme Court · 1921
- King v. MitchellOregon Supreme Court · 1949
- King v. MitchellOregon Supreme Court · 1950