Legal Opinion

Business & Professional Adjustment Co. v. Baker

Court of Appeals of Oregon

Decided March 16, 1983No. 81-370; CA A24600PublishedCited by 9 opinions

1Opinion of the CourtWarden, J.

Defendant appeals from a denial of his motion to set aside a default judgment taken against him. He claims that the judgment is void for lack of personal jurisdiction, because he was not validly served with a copy of the summons and complaint.

Plaintiffs complaint was filed on November 20, 1981. On November 29, at 4:55 p.m., a deputy sheriff went to defendant’s residence to serve him. The deputy testified that it was dark outside and that lights were on inside the house. He entered the front porch, which was enclosed on three sides, knocked on the door and called defendant’s name. A “very low”…

2Cases cited3 opinions

  1. Trujillo v. TrujilloCalifornia Court of Appeal · 1945
  2. In Re BallCalifornia Court of Appeal · 1934
  3. Martin v. RaffinCity of New York Municipal Court · 1893

3Cited by9 opinions

  1. Hoeck v. Schwabe, Williamson & WyattCourt of Appeals of Oregon · 1997
  2. Wood v. WeenigCourt of Appeals of Utah · 1987
  3. Agrawal v. Oklahoma Department of LaborSupreme Court of Oklahoma · 2015
  4. State v. ArnoldCourt of Appeals of Oregon · 2020
  5. Stull v. HokeCourt of Appeals of Oregon · 1998

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