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KING v. MITCHELL

188 Or. 434 (1950)

214 P.2d 993

216 P.2d 269

KING v. MITCHELL

Supreme Court of Oregon.

Reversed and remanded February 15, 1950.

Petition for rehearing denied March 28, 1950.

Attorney(s) appearing for the Case

E.F. Bernard argued the cause for Appellant. On the brief were Collier & Bernard and William F. Bernard, of Portland, and Yokum & Campbell, of John Day.

Harold Banta argued the cause for Respondent. On the brief were Hallock, Donald, Banta & Silven, of Baker, and E.P. Truesdell, of Canyon City.

Before LUSK, Chief Justice, and BRAND, BAILEY, HAY and PAGE, Justices.

LUSK, C.J.

Section 1-1007, O.C.L.A., provides:

"The court may likewise, in its discretion, and upon such terms as may be just, allow an answer or reply to be made, or other act to be done after the time limited by this code, or by an order enlarge such time; and may also, 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, order, or other proceeding taken against him through...

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