Legal Opinion

Saville v. Saville

Oregon Supreme Court

Decided January 17, 1922PublishedCited by 10 opinions

From Lane: G. F. Skipwobth, Judge. ' Department 2. Defendant appeals from a decree, in favor of plaintiff, dissolving the marriage contract between plaintiff and defendant, awarding the custody of their three minor children to plaintiff and requiring defendant to pay plaintiff twenty-five dollars a month for the support and maintenance of the children.

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From Lane: G. F. Skipwobth, Judge. ' Department 2. Defendant appeals from a decree, in favor of plaintiff, dissolving the marriage contract between plaintiff and defendant, awarding the custody of their three minor children to plaintiff and requiring defendant to pay plaintiff twenty-five dollars a month for the support and maintenance of the children. In her complaint plaintiff charges defendant with cruel and inhuman treatment, and specifying the same, alleges in substance that in August, 1919, the defendant, without cause or provocation, grabbed the plaintiff, pushed her up against the…

1Opinion of the CourtMcCOURT, J.

1. Condonation is the forgiveness of a matrimonial offense upon condition that the offense will not be repeated, and that the offender will thereafter treat the injured spouse with conjugal kindness : Eggerth v. Eggerth, 15 Or. 626 (16 Pac. 650) ; 2 Bishop on Marriage, Divorce and Separation (5ed.), §§ 269, 308; 2 Schouler on Marriage, Divorce, Separation and Domestic Relations (6 ed.), § 1690; 1 Nelson on Divorce and Separation, § 450; 19 Corpus Juris, 83.

2. Where it is clearly shown by the evidence that a matrimonial offense has been condoned, the court may deny a decree of divorce,…

2Cases cited10 opinions

  1. Shirey v. ShireySupreme Court of Arkansas · 1908
  2. Smith v. SmithCalifornia Supreme Court · 1897
  3. Morton v. MortonCalifornia Supreme Court · 1897
  4. Hickman v. HickmanSupreme Court of Iowa · 1920
  5. Eggerth v. EggerthOregon Supreme Court · 1888

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

3Cited by10 opinions

  1. Fleck v. FleckNorth Dakota Supreme Court · 1953
  2. Claude v. ClaudeOregon Supreme Court · 1946
  3. Hill v. HillOregon Supreme Court · 1928
  4. Kruschke v. KruschkeOregon Supreme Court · 1922
  5. Amend v. AmendOregon Supreme Court · 1931

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

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