Russell v. Piper
Oregon Supreme Court
From Crook; T. E. J. Duffy, Judge. In Banc. On March 9, 1920, plaintiff brought an action against the defendant for the sum of $5,000. Personal service was regularly had upon the defendant on the same date, and after the expiration of more than ten days, the time for answering, a default judgment was regularly entered. On April 2, 1920, the defendant filed a motion to set aside the default and be allowed to defend the action upon the merits, and tendered an answer.
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From Crook; T. E. J. Duffy, Judge. In Banc. On March 9, 1920, plaintiff brought an action against the defendant for the sum of $5,000. Personal service was regularly had upon the defendant on the same date, and after the expiration of more than ten days, the time for answering, a default judgment was regularly entered. On April 2, 1920, the defendant filed a motion to set aside the default and be allowed to defend the action upon the merits, and tendered an answer. Section 103, Or. L., provides in this regard that the court may in its discretion, and upon such terms as may be just, at any…
1Opinion of the CourtBean, J.
Defendant assigns that the court erred in imposing as a condition precedent in setting aside the default and allowing a defense upon the merits, the filing of the undertaking after finding from the motion and affidavits that the default and judgment was entered against him through mistake and excusable neglect; that the order was an abuse of discretion.
We glean from the briefs that the defendant, Piper, is a resident of Walla Walla, Washington, engaged with another in the real estate business. At the time *684of the service of the summons and complaint upon him. he was at the county seat of Crook…
2Cases cited7 opinions
- Brown v. BrownSupreme Court of Minnesota · 1887
- Eareckson v. ChandlerOregon Supreme Court · 1913
- Union National Bank of Racine v. BenjaminWisconsin Supreme Court · 1884
- Glickman v. LoewAppellate Division of the Supreme Court of the State of New York · 1898
- Glickman v. LoewAppellate Division of the Supreme Court of the State of New York · 1898
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- Northwest Acceptance Corp. v. Bles Studs, Inc.Court of Appeals of Oregon · 1990