Mayer v. Mayer
Oregon Supreme Court
Appeal from Benton: J. C. Fullerton, Judge. This is an appeal by Rebecca J. Mayer from a decree of divorce granted to her then husband John Mayer on November fifteenth, eighteen hundred and ninety-three, without any appearance by her, or service of process, except by publication in a newspaper. In April, eighteen hundred and ninety-four, she appeared and filed a motion, supported by affidavits, asking to be relieved from such decree, and to be let in to defend the suit.
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Appeal from Benton: J. C. Fullerton, Judge. This is an appeal by Rebecca J. Mayer from a decree of divorce granted to her then husband John Mayer on November fifteenth, eighteen hundred and ninety-three, without any appearance by her, or service of process, except by publication in a newspaper. In April, eighteen hundred and ninety-four, she appeared and filed a motion, supported by affidavits, asking to be relieved from such decree, and to be let in to defend the suit. The motion was denied, and hence this appeal.
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. . In support of the motion it is contended that the court below did not have jurisdiction of the defendant at the time the decree was rendered, because the proceedings for the publication of the summons were defective. The motion was not to vacate the decree on jurisdictional grounds, but to be let in to defend the suit, and was therefore a waiver of all irregularities in the service of process. A defendant may appear specially to object to the jurisdiction of the court over him, or to set aside a default or judgment as void for want of service of process,…
2Cases cited14 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- Burdette v. CorganSupreme Court of Kansas · 1881
- Belknap v. CharltonOregon Supreme Court · 1893
- People's Ice Co. v. SchlenkerSupreme Court of Minnesota · 1892
- Grantier v. RosecranceWisconsin Supreme Court · 1871
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3Cited by21 opinions
- Bella v. Aurora Air, Inc.Oregon Supreme Court · 1977
- State ex rel. Mackey v. District CourtMontana Supreme Court · 1910
- Rogue River Packing Corp. v. Department of RevenueOregon Tax Court · 1976
- Welch v. LaddSupreme Court of Oklahoma · 1911
- Finch v. Pacific Reduction & Chemical Mfg. Co.Oregon Supreme Court · 1925
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