Talbot & Casey, Inc. v. Simon

The issue which awaits our disposition occurs upon the respondent’s motion to dismiss the appeal taken by the appellant from an order of the circuit court which set aside a default judgment and permitted the respondent to file an answer. In seeking to sustain the appeal the plaintiff argues that the order aforementioned is of the type embraced by § 7-501, Oregon Code 1930, which defines the appealable orders, judgments and decrees: Bowman v. Holman, 48 Or. 351 (86 P. 792), and Hall v. McCan, 62 Or. 556 (126 P. 5), hold that an order setting aside a default judgment is not a “final order…