MATTER OF MARRIAGE OF DHULST

No. D8004-63328; CA A22479.

657 P.2d 231 (1983)

61 Or.App. 383

In the matter of the Marriage of Charlene K. DHULST, Respondent, and James E. Dhulst, Appellant.

Court of Appeals of Oregon.

Decided January 19, 1983.


Attorney(s) appearing for the Case

Warren C. Deras, Portland, argued the cause and filed the brief for appellant.

Nick Chaivoe, Portland, argued the cause for respondent. With him on the brief was James F. O'Rourke, Jr., Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Husband appeals the denial of his motion to set aside a marriage dissolution decree after his default. The motion was based on lack of personal jurisdiction because of improper service of process and, in the alternative, on the fact that his default resulted from "mistake, inadvertence, surprise or excusable neglect" under former ORS 18.160 (repealed by Or. Laws 1981, ch. 898, § 53).

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