Anderson v. Anderson
Oregon Supreme Court
From Multnomah: Calvin TJ. Gantenbein, Judge. Department 1. > On October 21, 1916, Hannah F. Anderson obtained a default divorce decree against the defendant, Albert J. Anderson, having served the summons by publication. On January 30,1917, after consideration of affidavits of the parties pro and con, the court took off the default of the defendant and allowed him ten days in which to answer the plaintiff’s complaint.
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From Multnomah: Calvin TJ. Gantenbein, Judge. Department 1. > On October 21, 1916, Hannah F. Anderson obtained a default divorce decree against the defendant, Albert J. Anderson, having served the summons by publication. On January 30,1917, after consideration of affidavits of the parties pro and con, the court took off the default of the defendant and allowed him ten days in which to answer the plaintiff’s complaint. The essence of the defendant’s affidavit was to the effect that he had no actual notice of the pendency of this suit. The answer was not filed with the affidavit, but was…
1Opinion of the Court
BURNETT, J. —
1. In opening the default the court' operated under Section 59, L. O. L., to the effect that within one year after the rendition of a decree the defendant against whom publication is ordered may be allowed to defend the action on application and sufficient cause shown. The result of this was to restore the cause to the control of the court so that it became lis pendens with all its incidents, just as much as if it had been appealed to the Supreme Court, reversed and remanded for further hearing.
*6572, 3. It is well settled that any order or determination of a court, although it he a…
2Cases cited8 opinions
- Deering v. QuiveyOregon Supreme Court · 1895
- Goldberg, Bowen & Co. v. Stablemen's Local 8760California Supreme Court · 1906
- Henrichsen v. SmithOregon Supreme Court · 1896
- First Christian Church v. RobbOregon Supreme Court · 1914
- Ayers v. LundOregon Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
- Finch v. Pacific Reduction & Chemical Mfg. Co.Oregon Supreme Court · 1925
- Koennecke v. KoenneckeOregon Supreme Court · 1964
- Johnston v. Braymill White Pine Co.Oregon Supreme Court · 1933
- Schrader v. SchraderOregon Supreme Court · 1966
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