Matlock v. Matlock
Oregon Supreme Court
From Multnomah.: William N. Gatens, Judge. Statement by Me. Justice Bean. This is a suit for a divorce instituted by Mrs. Mary F. W. Y. Matlock against J. D. Matlock.
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From Multnomah.: William N. Gatens, Judge. Statement by Me. Justice Bean. This is a suit for a divorce instituted by Mrs. Mary F. W. Y. Matlock against J. D. Matlock. The complaint was filed in the Circuit Court for Multnomah County on June 27, 1916. Personal service was had on the defendant in Lane County June 28, 1916. Mr. Matlock, the defendant, appeared specially and moved to dismiss the suit on the ground that the court did not have jurisdiction of the cause; and supported his motion by affidavit. Upon the motion being overruled he filed an answer challenging the jurisdiction of the…
1Opinion of the CourtJustice Bean
The defendant contends that the orders appealed from are deemed final and appealable because they are void for want of jurisdiction; that the Multnomah court had no jurisdiction to determine the status of the parties in a suit for divorce between them, because a suit for that purpose and involving that issue between the same parties was commenced prior thereto in a court of co-ordinate jurisdiction within the state, and that the Circuit Court for Multnomah County *310could not take away from the Circuit Court for Lane County the power to proceed to final decree in the cause instituted in the…
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