Wade v. Wade
Oregon Supreme Court
From Multnomah: John P. Kavanatjgh, Judge. In Banc. This is a motion to dismiss an appeal and is based upon the following facts: On September 30, 1915, plaintiff filed in the Circuit Court for Multnomah County a complaint for divorce, and on the twenty-fourth day of November upon an affidavit duly setting forth all the necessary jurisdictional facts, obtained an order authorizing service of publication of summons upon the defendant and directing that a copy of the complaint…
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From Multnomah: John P. Kavanatjgh, Judge. In Banc. This is a motion to dismiss an appeal and is based upon the following facts: On September 30, 1915, plaintiff filed in the Circuit Court for Multnomah County a complaint for divorce, and on the twenty-fourth day of November upon an affidavit duly setting forth all the necessary jurisdictional facts, obtained an order authorizing service of publication of summons upon the defendant and directing that a copy of the complaint and published summons be forthwith deposited in the postoffice at Portland, Oregon, directed to defendant at his…
1Opinion of the CourtMcBRIDE, C. J.
1-3. The situation disclosed by the record is somewhat out of the usual order in that the respondent seeks to show and must show that the decree rendered in her favor on June 23d, and the order of the court made May 20,1917, were absolutely void, in order to sustain this motion. Superior Courts possess the undoubted authority to vacate void judgments at any time: Jones v. Jones, 59 Or. 308, 313 (117 Pac. 414); Deering v. Quivey, 26 Or. 556 (38 Pac. 710). The decree entered on June 23, 1917, was, upon the *645face of the record, invalid and void because the record as it then stood did not show a…
2Cases cited8 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Woodward v. BrownCalifornia Supreme Court · 1897
- Deering v. QuiveyOregon Supreme Court · 1895
- Jones v. JonesOregon Supreme Court · 1911
- Shenandoah V. R. R. v. Ashby's TrusteesSupreme Court of Virginia · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Love v. National Liberty InsuranceSupreme Court of Georgia · 1924
- Zipper v. ZipperOregon Supreme Court · 1951
- Milton J. Wershow Co. v. McVeety MacHinery Co.Oregon Supreme Court · 1972
- Cranston v. StanfieldOregon Supreme Court · 1927
- Finch v. Pacific Reduction & Chemical Mfg. Co.Oregon Supreme Court · 1925
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