Gibbons v. Gibbons
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Chief Justice Moore. This is a motion, filed in the lower court April 20, 1914, by Ella E. Gibbons, to modify a decree of divorce so as to require the father, John S. Gibbons, to pay for the past support and the future maintenance and education of their minor children.
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From Multnomah: George N. Davis, Judge. Department 2. Statement by Mr. Chief Justice Moore. This is a motion, filed in the lower court April 20, 1914, by Ella E. Gibbons, to modify a decree of divorce so as to require the father, John S. Gibbons, to pay for the past support and the future maintenance and education of their minor children. The application is supplemented by the mother’s affidavit to the effect that, when she commenced a suit for divorce, the defendant was in another state, and the summons was served by publication; that his attorneys, appearing specially for that purpose only,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. Minor children of divorced parties remain the wards of the court which dissolved the bonds of matrimony, and, as such children were not parties to the suit, they are not bound by any decree as to the source or extent of their maintenance: McFarlane v. McFarlane, 43 Or. 477, 484 (75 Pac. 139). The welfare of these infants is paramount to the rights of any other person, and their support and education should be borne equally by their parents if they are able, but, if not, then by the father or mother who is financially responsible. The court granting the…
2Cases cited1 opinion
- McFarlane v. McFarlaneOregon Supreme Court · 1903
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