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GWYNN v. WILHELM

226 Or. 606 (1961)

360 P.2d 312

GWYNN v. WILHELM

Supreme Court of Oregon.

Reversed with instructions March 8, 1961.

Petition for rehearing denied April 11, 1961.

Attorney(s) appearing for the Case

Otto R. Skopil, Jr., Salem, argued the cause for appellant. On the brief were Williams & Skopil, Salem.

Arthur C. Johnson, Eugene, argued the cause for respondent. On the brief were Johnson, Johnson & Harrang, Eugene, and Harry G. Hoy, Oceanlake.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN and KING, Justices.

REVERSED WITH INSTRUCTIONS.

McALLISTER, C.J.

This is an action against a physician to recover damages for malpractice in treating a fractured arm and other injuries sustained by plaintiff in a fall. The trial court held that this action was barred by the default judgment of a justice's court in an action by the physician to recover the value of her professional services. Plaintiff appeals.

The sole question presented is whether a judgment by default...

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