Adkins v. Watrous

This is defendants’ second appeal from a trial court order denying their motion to set aside a default judgment. Their first appeal was dismissed because the judgment was not final. Adkins v. Watrous, 57 Or App 541, 645 P2d 591 (1982). The issue is whether there was effective substituted service on the individual defendants (defendants) and on a corporate defendant, Nemaia Ranches, LTD. (Nemaia). We conclude that there was not and reverse and remand with instructions to set aside the default judgment.

Plaintiff attempted substituted service on defendants by serving a copy of a summons and…