Legal Opinion
In re the Marriage of McKenna
Court of Appeals of Oregon
Decided April 26, 1982No. D 8010 68871, CA A21552PublishedCited by 7 opinions
1Opinion of the CourtYoung, J.
Wife appeals from an order denying her motion to set aside a default decree of dissolution of marriage on the ground that the decree was entered against her by “surprise.” The sole issue is whether the trial judge abused his discretion under former ORS 18.160.1 We reverse.
The record discloses that husband filed a petition for dissolution of marriage on October 28, 1980. Wife was served in California on December 20, 1980. The decree was granted April 6, 1981, and on that day husband telephoned wife and told her they were divorced.2 On April 20, 1981, wife filed her motion with a supporting…
2Cases cited9 opinions
- Thompson v. ConnellOregon Supreme Court · 1897
- Wagar v. Prudential Insurance Co. of AmericaOregon Supreme Court · 1976
- Coleman v. MeyerOregon Supreme Court · 1972
- Lowe v. Institutional Investors TrustOregon Supreme Court · 1974
- Voorhees v. Geiser-Hendryx Inv. Co.Oregon Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Marriage of OwensCourt of Appeals of Oregon · 2002
- Gilbert v. Stancorp Financial Group Inc.Court of Appeals of Oregon · 2009
- In re the Marriage of AdamsCourt of Appeals of Oregon · 1997
- In re the Marriage of CaudillCourt of Appeals of Oregon · 1991
- In re the Marriage of GilbertCourt of Appeals of Oregon · 1994
2 more not listed; retrieve them via the Exa API.