Schiffman v. Robison
Oregon Supreme Court
From Tillamook: George R. Bagley, Judge. Department 1. The plaintiff; began a snit against th'e Comstock Manufacturing Company and Robison, asking, among other things, to have canceled an assignment of a contract which he alleged had been made over to the Tillamook County Bank and defendant Robison as collateral security for indebtedness owing by plaintiff to said assignees, which indebtedness had been fully discharged.
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From Tillamook: George R. Bagley, Judge. Department 1. The plaintiff; began a snit against th'e Comstock Manufacturing Company and Robison, asking, among other things, to have canceled an assignment of a contract which he alleged had been made over to the Tillamook County Bank and defendant Robison as collateral security for indebtedness owing by plaintiff to said assignees, which indebtedness had been fully discharged. Personal service was made upon Robison August 23, 1919. He failed to appear or answer and on September 6th plaintiff filed a motion for entry of default for want of answer. On…
1Opinion of the CourtMcBRIDE, J.
1. The granting or refusing a motion to set aside a default is a matter resting in the sound discretion of the court and should not be disturbed, unless that discretion has been abused: Lovejoy v. Willamette Locks Co., 24 Or. 569 (34 Pac. 660); Horn v. United Securities Co., 47 Or. 35 (81 Pac. 1009).
2. There was no such abuse of discretion here. The affidavit of defendant was contradicted by the return of the sheriff, as to the county in which defendant was *414served, and was contradicted by the affidavits of Mr. and Mrs. McGrath in other material particulars. The defendant’s letter to McGrath…
2Cases cited2 opinions
- Lovejoy v. Willamette Locks Co.Oregon Supreme Court · 1893
- Horn v. United Securities Co.Oregon Supreme Court · 1905
3Cited by2 opinions
- Carlson v. Bankers Discount Corp.Oregon Supreme Court · 1923
- Capalija v. KulishOregon Supreme Court · 1921