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AINSWORTH v. DUNHAM

235 Or. 225 (1963)

384 P.2d 214

AINSWORTH v. DUNHAM

Supreme Court of Oregon.

Reversed and remanded July 31, 1963.

Attorney(s) appearing for the Case

Carl R. Neil, Portland, argued the cause for appellant. With him on the briefs were Krause, Lindsay & Nahstoll, Portland.

Hugh B. Collins, Medford, argued the cause for respondent. On the brief were Collins, Redden & Mullen, Medford.

Before PERRY, Presiding Justice, and O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

REVERSED AND REMANDED.

DENECKE, J.

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...

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