Legal Opinion · Dissent

State ex rel. Adult & Family Services Division v. McDonald

Court of Appeals of Oregon

Decided October 22, 1979No. 25425, CA 13281Published

1DissentCampbell, J.

It may be, as the majority suggests, that the plaintiff could have brought a proceeding based upon its own independent right under ORS 23.789(2) to collect child support from the mother. However, the plaintiff elected to proceed under an assignment1 from the father:

"MR. MAIN (Assistant Attorney General): First of all, I point out to the Court that this action is brought on behalf of the State and not Mr. McDonald or the child.
"THE COURT: Yes.
"MR. MAIN: We’re operating under an assignment of support rights from the father of the child.”

The above statement is a declaration of the plaintiff’s…

2Cases cited8 opinions

  1. Archambeau v. EdmunsonOregon Supreme Court · 1918
  2. Weyerhaeuser Timber Co. v. First National BankOregon Supreme Court · 1934
  3. Dunning v. Northwestern Electric Co.Oregon Supreme Court · 1948
  4. D'Ambrosio v. D'AmbrosioCourt of Appeals of Oregon · 1973
  5. Gibson v. JohnsonCourt of Appeals of Oregon · 1978

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