Legal Opinion

Mack v. Mack

Oregon Supreme Court

Decided March 25, 1919PublishedCited by 20 opinions

From Multnomah: Robert Tucker, Judge. Department 2. The facts involved upon this appeal are as follows : On the fifth day of July,-1911, the plaintiff filed a suit in the Circuit Court for Multnomah County, Oregon, against this defendant for a divorce, alleging that she had been married to defendant in the year 1900, and that her daughter Roberta, was then ten years of age. Personal service was had upon defendant in the same county.

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From Multnomah: Robert Tucker, Judge. Department 2. The facts involved upon this appeal are as follows : On the fifth day of July,-1911, the plaintiff filed a suit in the Circuit Court for Multnomah County, Oregon, against this defendant for a divorce, alleging that she had been married to defendant in the year 1900, and that her daughter Roberta, was then ten years of age. Personal service was had upon defendant in the same county. A default was entered against defendant and the plaintiff was granted a divorce, and awarded the care and custody of Roberta Mack and Emmett Mack, minor children…

1Opinion of the CourtBean, J.

1. It is claimed by defendant that tbe court had no jurisdiction to change the decree. Section 514, L. O. L., reads as follows:

“At any time after a decree is given, the court or judg’e thereof, upon the motion of either party, shall have power to set aside, alter, or modify so much of the decree as may provide for the appointment of trustees for the care and custody of the minor children, or the nurture and education thereof, or the maintenance of either party to the suit. ’ ’

Under the authority of the section of the Code quoted, courts may at any time subsequently to a decree of divorce, on…

2Cases cited6 opinions

  1. McFarlane v. McFarlaneOregon Supreme Court · 1903
  2. State v. LangfordOregon Supreme Court · 1918
  3. Gibbons v. GibbonsOregon Supreme Court · 1915
  4. Miller v. MillerOregon Supreme Court · 1913
  5. Silliman v. SillimanOregon Supreme Court · 1913

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3Cited by20 opinions

  1. Borchert v. BorchertCourt of Appeals of Maryland · 1946
  2. Guardianship of ReynoldsCalifornia Court of Appeal · 1943
  3. Jackman v. ShortOregon Supreme Court · 1940
  4. Anthony v. TarpleyCalifornia Court of Appeal · 1919
  5. Matter of Marriage of EustermanCourt of Appeals of Oregon · 1979

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

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