Bronn v. Soules

RAND, J. RAND, J.

Plaintiff, the respondent herein, moves to dismiss the appeal of a part, but not all, of the appealing defendants. He bases his motion upon the ground that those defendants moved against, although they had been served with summons, had failed to answer the complaint.

Section 7-502, Oregon Code 1930, provides that any party to a judgment or decree other than a judgment or decree given by confession, or for want of an answer, may appeal therefrom, but section 1-907 provides that the court may “in its discretion, and upon such terms as may be just, at any time within one year…