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CARLSON v. NORRISH

No. 6069; CA 19889.

632 P.2d 492 (1981)

53 Or.App. 489

Eric Lee CARLSON, Respondent, v. Mildred NORRISH, Appellant.

Court of Appeals of Oregon.

Decided August 10, 1981.

Attorney(s) appearing for the Case

Dan W. Poling, Corvallis, argued the cause for appellant. With him on the brief was Corl, Poling & Hilborn, Corvallis.

William D. Young, Eugene, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals a District Court order denying her motion to set aside a judgment on the ground that she had not tendered a meritorious defense. We reverse.

Plaintiff filed an action based on timber trespass. Defendant filed a general denial and the case was set for trial in August, 1980. Defendant's attorney died in July, 1980. Plaintiff's attorney advised defendant in writing the case was...

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