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Campbell v. Campbell

Oregon Supreme Court
Feb 15, 1967
423 P.2d 949 (Or. 1967)

Opinion

Argued February 6, 1967

Dismissed February 15, 1967

Appeal from Circuit Court, Benton County.

WENDELL H. TOMPKINS, Judge.

APPEAL DISMISSED.

James W. Walton, Corvallis, argued the cause for appellant. On the briefs were Ringo, Walton McClain, Corvallis.

Karl T. Hutson, Corvallis, argued the cause and filed a brief for respondent.

Before SLOAN, Presiding Justice, and DENECKE and LUSK, Justices.


In this divorce proceeding plaintiff's counsel, apparently in the mistaken belief that defendant did not wish to contest this case, obtained an order of default against defendant. Thereafter, defendant filed an answer together with appropriate affidavits seeking to set aside the order of default. The court denied defendant's motion and proceeded to hear the case and allowed a divorce in accordance with plaintiff's complaint. Defendant attempts to appeal from the order refusing to set aside the default.

The challenged order is not an appealable order. Electrical Products Corp. v. Ziegler, 1937, 157 Or. 267, 68 P.2d 135. Walker v. Clyde et ux, 1956, 206 Or. 322, 324, 292 P.2d 1083.

Appeal dismissed.


Summaries of

Campbell v. Campbell

Oregon Supreme Court
Feb 15, 1967
423 P.2d 949 (Or. 1967)
Case details for

Campbell v. Campbell

Case Details

Full title:CAMPBELL, Respondent, v. CAMPBELL, Appellant

Court:Oregon Supreme Court

Date published: Feb 15, 1967

Citations

423 P.2d 949 (Or. 1967)
423 P.2d 949