Wahters v. Wahters

From a decree of divorce in favor of plaintiff on the ground that defendant is permanently insane, defendant, by her guardian ad litem, appeals.

This case was submitted upon the brief of defendant without argument.

The summons was not served upon the district attorney, nor was any appearance or admission of service made by that officer. For this reason, the decree rendered herein is invalid. Re Estate of Stewart, 110 Or. 408, 223 P. 727; Hooper v. Hooper, 67 Or. 187, 135 P. 525; Smythe v. Smythe, 80 Or. 150, 149 P. 516, 156 P. 785, Ann. Cas. 1918D, p. 1094.

In this case, the guardian ad litem…