21 Or. 492 | Or. | 1892
Lead Opinion
Neither in the petition for the writ of review nor upon the trial in this court did the plaintiff suggest or claim that there was any defect or excess of jurisdiction on the part of the justice of the peace, nor was it contended that the complaint did not contain facts sufficient to constitute a cause of action. The sole question, therefore, for this court to consider is the error alleged to have been committed by the justice in refusing, to set aside the judgment after it had been entered, and to allow the defendant to file an answer.
This precise question has never been before this court, that we have been able to find; but one involving substantially the same principle was passed upon in Griffin v. Pitman, 8 Or. 342. In that case, by some oversight, the justice omitted to swear the jury, and the parties proceeded
This conclusion renders it unnecessary to examine the facts upon which the plaintiff’s motion before the justice was based, and the excuses and reasons given for not answering according to the exigencies of the summons; but according to the practice prevailing in courts of general jurisdiction, the default could not be excused on the grounds stated in the plaintiff’s application. Finding no error in the judgment, it must be affirmed.
Concurrence Opinion
For the reason that the default in this case could not be excused upon the grounds stated on this record, I concur in the result; but upon the question discussed in the opinion, not deeming it necessary to the determination of this case, I reserve my opinion.