Leefield v. Leefield
Oregon Supreme Court
From Josephine: Frank M. Calkins, Judge. In Banc. Statement by Mr. Justice Moore. This is a suit by Otis D. Leefeld against Elizabeth M. Leefeld to have a marriage declared void. The defendant, though personally served with summons and a certified copy of the complaint, failed to demur, plead or answer. Whereupon the district attorney of the proper county appeared on behalf of the state.
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From Josephine: Frank M. Calkins, Judge. In Banc. Statement by Mr. Justice Moore. This is a suit by Otis D. Leefeld against Elizabeth M. Leefeld to have a marriage declared void. The defendant, though personally served with summons and a certified copy of the complaint, failed to demur, plead or answer. Whereupon the district attorney of the proper county appeared on behalf of the state. Prom the evidence received at the trial findings of fact were made as follows: ‘ ‘ The court finds that the plaintiff and defendant are now and have been inhabitants of the State of Oregon for the period of…
1Opinion of the CourtJustice Mooee
1. No testimony given at the trial has been sent up, and hence the only question to be considered is whether *289the findings of fact as made support the conclusion of law and the decree based thereon. Provisions of law applicable to the case at bar are:
“Marriage is a civil contract”: Section 7016, L. O. L.
“The following marriages are prohibited: * *
2. When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, computing by the rules of the civil law”: Section 7017, L. O. L.
“If any persons, being within the degree of consanguinity within…
2Cases cited4 opinions
- Sturgis v. SturgisOregon Supreme Court · 1908
- Weber v. WeberOregon Supreme Court · 1888
- State v. NakashimaWashington Supreme Court · 1911
- McIlvain v. ScheibleyCourt of Appeals of Kentucky · 1900
3Cited by7 opinions
- Billion v. BillionOregon Supreme Court · 1928
- Lakson v. LaksonOregon Supreme Court · 1928
- Matter of Estate of DavisCourt of Appeals of Oregon · 1982
- In re Estate of PaquetOregon Supreme Court · 1921
- In Re Miller's EstateMichigan Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.