Industrial Leasing Corp. v. Roberts Myrtlewood Factory, Inc.

Defendant appeals under ORS 19.010 (2)(c) from an order refusing to set aside a default judgment in an action upon a lease of personal property.

There are several assignments of error, but since we have concluded that the default must be set aside, it is not necessary to dwell upon the other questions tendered.

Plaintiff took an ex parte default order without disclosing to the presiding judge that the defendant’s answer contained a general denial which had not been disposed of. Plaintiff’s motion and order merely recited that a demurrer to the answer had been sustained and that the defendant…