ROGUE VALLEY MEMORIAL HOSP. v. SALEM INS. AGCY.


510 P.2d 845 (1973)

ROGUE VALLEY MEMORIAL HOSPITAL, an Oregon Non-Profit Corporation, Respondent, v. SALEM INSURANCE AGENCY, Inc., an Oregon Corporation, Coastal States Life Insurance Co., a Georgia Corporation, Defendants, Samuel H. Oetinger, Appellant.

Supreme Court of Oregon, In Banc.

Decided June 1, 1973.


Attorney(s) appearing for the Case

John P. Cooney, Medford, argued the cause and filed the briefs for appellant.

William V. Deatherage, Medford, argued the cause for respondent. With him on the brief were Frohnmayer & Deatherage, Medford.


TONGUE, Justice.

This is an appeal from an order denying the motion of defendant Oetinger to set aside a default judgment. We affirm.

Defendant's motion was based upon ORS 18.160.1 Although that statute is to be construed to the end that every defendant should have an opportunity to have his day in court, a motion to vacate a default judgment is nevertheless addressed to the sound discretion of the trial judge. That discretion...

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