Nedry v. Herold

3 Citing cases

  1. Pacific Savings Loan Ass'n v. Bekins

    29 P.2d 816 (Or. 1934)   Cited 3 times

    There was no appeal taken from the order denying the motion to quash the service, nor was any appeal taken from the order denying the motion for leave to appear and answer. That an appeal could have been taken from either or both of said orders we think is clear under the provisions of the statute as well as the decision in Nedry v. Herold, 141 Or. 167 ( 11 P.2d 548, 13 P.2d 372), where this court said: "We think defendant has the right to appeal from the order of the court refusing to vacate the default judgment under the provisions of sections 7-501 and 7-502, Oregon Code 1930; McCoy v. Huntley, 53 Or. 229, 99 P. 932."

  2. Waybrant v. Bernstein

    294 Or. 650 (Or. 1983)   Cited 34 times
    Holding that an order denying a motion to vacate is appealable when "[t]he essence of the claim is not so much the substantive correctness of the original offending decision, but rather the propriety of the court's refusal to vacate it."

    When the statutory time for appeal has expired and the right to appeal has lapsed, a party cannot resurrect the right to appeal by asking the court to reconsider the ruling — otherwise, there would be no finality to judgments. Notwithstanding these considerations, this court has recognized exceptions to the general rule, two of which are potentially applicable here. First, where an appellant's motion to vacate was based upon a contention that the prior judgment was entered against him or her as a result of his or her "mistake, inadvertence, surprise, or excusable neglect" (i.e., a motion pursuant to ORCP 71 B.(1)(a) or its predecessor, ORS 18.160), a denial of that motion is appealable. Colwell v. Chernabaeff, 258 Or. 373, 376, 482 P.2d 157 (1971); Nedry v. Herold, 141 Or. 167, 173, 11 P.2d 548, 13 P.2d 372 (1932). Secondly, where the original order is void, an appeal will lie from an order refusing to vacate it. Salitan v. Dashney, 219 Or. 553, 559, 347 P.2d 974 (1959); see Columbia Auto Works, Inc. v. Yates, supra, 176 Or at 308-09; ORCP 71 B.(1)(d).

  3. Matter of the Marriage of Henry

    73 Or. App. 188 (Or. Ct. App. 1985)   Cited 2 times

    They do not involve appeals of default judgments but rather appeals of denials of motions to vacate or to open default judgments. Dennison v. Doreen, supra; Pac. Sav. Loan Ass'n. v. Bekins, 146 Or. 385, 29 P.2d 816, cert den 293 U.S. 557 (1934); Nedry v. Herold, 141 Or. 167, 173, 11 P.2d 548, 13 P.2d 372 (1932); Askren v. Squire, 29 Or. 228, 45 P. 779 (1896). There is no contention is this case that wife was not properly served.