60-84-05471; CA A39980 | Or. Ct. App. | May 27, 1987
The state appeals from an order of the trial court setting aside a default judgment against respondent. See ORCP 71B. That order is not appealable, Wershow v. McVeety Machinery, 263 Or. 97" date_filed="1972-09-08" court="Or." case_name="Milton J. Wershow Co. v. McVeety MacHinery Co.">263 Or 97, 101, 500 P2d 696 (1972), unless the court lacked jurisdiction over the parties or subject matter. Flynn v. Davidson, 80 Or 502, 155 P 197, 157 P 788 (1916). The only contention here is that the trial court erred in setting aside the judgment by default.
The state argues that ORS 19.010(2)(d), which provides for appeals from “[a]n order setting aside a judgment and granting a new trial,” sanctions an appeal from an order setting aside a default. That statute existed when Wershow was decided, and the language of Wershow indicates that the Supreme Court was aware of it.
Appeal dismissed.