Ainsworth v. Dunham

The only question presented is whether or not a judgment should be set aside for the reason that the defendant and his attorney had no notice of the trial and were not present at the trial.

ORS 18.160 provides:

“The court may, in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, decree, order or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect.”

This is an action for attorneys fees in Jackson county. A Coos county firm, from Coos Bay, represented the defendant.…