Credit Service Co. v. Stierly

Plaintiff first filed this action in the district court against defendants, a divorced husband and wife, to recover the purchase price of merchandise purchased by the wife during the marriage. Service of summons was made on the husband only.

The defendant husband filed a general denial and also alleged as an affirmative defense that he and his wife separated in September, 1968, and were di*512vorced on March 21, 1969, and that he was not responsible, under ORS 108.040(3), for debts incurred by Mrs. Stierly.①

After trial in the district court, a judgment was entered in favor of plaintiff in the…