Matthews v. Matthews
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is a suit by M. E. Matthews against L. F. Matthews for divorce; the alleged grounds being cruel and inhuman treatment. Defendant answered, denying the allegations of the complaint, and by cross-complaint claimed a divorce from plaintiff: (1) On the ground of adultery with one Monroe Purvine. (2) On the ground of cruel and inhuman treatment.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is a suit by M. E. Matthews against L. F. Matthews for divorce; the alleged grounds being cruel and inhuman treatment. Defendant answered, denying the allegations of the complaint, and by cross-complaint claimed a divorce from plaintiff: (1) On the ground of adultery with one Monroe Purvine. (2) On the ground of cruel and inhuman treatment. The court denied plaintiff’s prayer for a divorce, and decreed one to defendant upon the second ground set up in the cross-complaint, but gave the custody of the minor…
1Opinion of the CourtJustice McBride
1. There is no inflexible rule which controls the discretion of the court in providing for the custody of a minor child in cases of this character. Subdivision 1, Section 513, L. O. L., provides that the court shall have power to further decree “for the future care and custody of the minor children of the marriage, as it may *454deem just and proper, having due regard to the age and sex of such children, and unless otherwise manifestly improper, giving the preference to the party not in fault.”. There have been few appeals to this court from adjudications in such cases. Three are cited by counsel…
2Cases cited6 opinions
- Barnes v. LongOregon Supreme Court · 1909
- Wyatt v. WyattOregon Supreme Court · 1897
- Morrison's EstateOregon Supreme Court · 1906
- Howe v. PattersonOregon Supreme Court · 1874
- Jackson v. JacksonOregon Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Leverich v. LeverichOregon Supreme Court · 1944
- Nealan v. RingOregon Supreme Court · 1919
- Wood v. School District No. 13Oregon Supreme Court · 1923
- Hertzen v. HertzenOregon Supreme Court · 1922
- Portland Mortgage Co. v. ElderOregon Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.