concluding that a trial court's inherent power to relieve a party from a final judgment "may not be exercised as a substitute for an appeal, unless the appellant shows that extraordinary circumstances prevented his appeal"; holding that "this rule applies to motions made under ORCP 71 B and 71 C to overcome the res judicata effect of a final judgment"
Summary of this case from In re K.A.S. v. B.A.SAugust 3, 1982.
concluding that a trial court's inherent power to relieve a party from a final judgment "may not be exercised as a substitute for an appeal, unless the appellant shows that extraordinary circumstances prevented his appeal"; holding that "this rule applies to motions made under ORCP 71 B and 71 C to overcome the res judicata effect of a final judgment"
Summary of this case from In re K.A.S. v. B.A.Srecognizing that McCarty had been applied to judgments on appeal but refusing retroactive application to final and unappealable judgments
Summary of this case from Collins v. CollinsFull title:PETITIONS FOR REVIEW ALLOWED AND DENIED
Court:Oregon Supreme Court
Date published: Aug 3, 1982
We stated: Defendants rely on Pakos v. Clark, 253 Or. 113, 453 P.2d 682 (1969) and Christofferson v. Church…
Checkley v. BoydThus, defendants contend that plaintiff's claims, if tried, would require an improper inquiry into the…