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BURKE v. RACHAU

497 P.2d 1154 (1972)

Alberta BURKE, Respondent, v. Beverly RACHAU and George E. Rachau, Appellants.

Supreme Court of Oregon, In Banc.

Decided June 14, 1972.

Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellants. With him on the briefs were Bemis, Breathouwer & Joseph, Portland, and Harry F. Samuels, Walter H. Sweek and Vergeer, Samuels, Roehr & Sweek, Portland.

Carl G. Helm, LaGrande, argued the cause for respondent. With him on the brief were Helm & Wasley, LaGrande.

TONGUE, Justice.

This is an appeal from an order denying a motion to set aside a default judgment in a personal injury case.1

The question whether a trial court has abused its discretion in refusing to set aside a default judgment ordinarily depends upon the facts and circumstances of each case. In this case it appears from the affidavits filed in support and in opposition to that motion that on May 12, 1969, plaintiff's attorney...

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