Legal Opinion

McFarlane v. McFarlane

Oregon Supreme Court

Decided August 8, 1904PublishedCited by 12 opinions

From Marion : Reuben P. Boise, Judge. The plaintiff, Elizabeth McFarlane, on February 24, 1899, commenced a suit against defendantfor divorce, and, having procured service of summons by publication, took a decree for divorce, a third of his real property, the care and custody of the minor children, and for costs and disbursements.

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From Marion : Reuben P. Boise, Judge. The plaintiff, Elizabeth McFarlane, on February 24, 1899, commenced a suit against defendantfor divorce, and, having procured service of summons by publication, took a decree for divorce, a third of his real property, the care and custody of the minor children, and for costs and disbursements. Subsequently, on February 5, 1903, it being ascertained that personal service could be had on the defendant, plaintiff petitioned the court for a modification of the original decree, and for alimony, attorney’s fees, an allowance for the supportof the minor…

1Opinion of the CourtJustice Wolverton

1. The sole question presented for our consideration is whether the circuit court erred in denying defendant’s motion to open up the default, and leave to file an answer to the merits. The application com.es within the first, rather than the last, clause of Section 103, B. & C. Comp., the purpose of the defendant being to be relieved of a default in failing to answer, and to be allowed to answer after the time limited by the Code, and not to be relieved of a decree entered against him through his mistake, inadvertence, surprise, or excusable neglect. The decree formerly rendered had been…

2Cases cited6 opinions

  1. Thompson v. ConnellOregon Supreme Court · 1897
  2. State v. TiemanWashington Supreme Court · 1903
  3. Whereatt v. EllisWisconsin Supreme Court · 1887
  4. Baxter v. ChuteSupreme Court of Minnesota · 1892
  5. McFarlane v. CorneliusOregon Supreme Court · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Wagar v. Prudential Insurance Co. of AmericaOregon Supreme Court · 1976
  2. Snyder v. Consolidated Highway Co.Oregon Supreme Court · 1937
  3. Union Lumber Co. v. Miller​​​​​Oregon Supreme Court · 2017
  4. Schrader v. SchraderOregon Supreme Court · 1966
  5. Duvall v. McLeodOregon Supreme Court · 2001

7 more not listed; retrieve them via the Exa API.

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