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ROPER v. NEET

573 P.2d 765 (1978)

32 Or.App. 219

Richard E. ROPER and Mildred E. Roper, Respondents, v. David R. NEET and Lurlaina K. Neet, Appellants.

Court of Appeals of Oregon.

Decided January 23, 1978.

Attorney(s) appearing for the Case

Neal G. Buchanan, Klamath Falls, argued the cause for appellants. On the brief was Richard J. Smith, Klamath Falls.

Sidney E. Ainsworth, Ashland, argued the cause for respondents. On the brief were Jack Davis and Davis, Ainsworth & Pinnock, Ashland.

Before TANZER, P.J., and JOHNSON and ROBERTS, JJ.

TANZER, Judge.

This is an action for money due on a promissory note. The issue is whether the trial court abused its discretion in refusing to set aside a default judgment entered against defendants when they failed to appear at trial. ORS 18.160 provides:

"The court may, in its discretion, and upon such such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, decree, order or other proceeding taken

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