De Foe v. De Foe
Oregon Supreme Court
Prom Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Chief Justice McBride. This was a suit for divorce. The district attorney was not served with summons but personally appeared at the trial. There was a decree for plaintiff and defendant appeals. No notice of appeal was served upon the district attorney and the respondent moves to dismiss the appeal for that reason.
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Prom Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Chief Justice McBride. This was a suit for divorce. The district attorney was not served with summons but personally appeared at the trial. There was a decree for plaintiff and defendant appeals. No notice of appeal was served upon the district attorney and the respondent moves to dismiss the appeal for that reason. Section 1020, L. O. L., as amended by Chap. 86, Gen. Laws 1911, p. 126, is as follows.: “In any suit for the dissolution of the marriage contract, or to have the same declared void, the State is to be deemed a party…
1Opinion of the Court
Opinion by
Me. Chief Justice McBeide.
1. The decision of this motion turns upon the question as to whether the state is an adverse party in this proceeding. While the state is not a party to the record in the sense that it must be named in the complaint as a defendant, yet by the provisions of the statute it becomes sub modo a party to any divorce suit to the extent that it may appear and protect the community from the consequences of a divorce procured by fraud or collusion between the parties. The service of summons upon the district attorney is for the purpose of notifying him of the…
2Cases cited4 opinions
- United States Nat. Bank v. SheflerOregon Supreme Court · 1915
- D'Arcy v. SanfordOregon Supreme Court · 1916
- Van Zandt v. ParsonOregon Supreme Court · 1916
- Lee v. LeeWashington Supreme Court · 1898
3Cited by4 opinions
- State ex rel. Fowler v. MooreNevada Supreme Court · 1922
- Keeley v. KeeleyOregon Supreme Court · 1920
- Parman v. ParmanOregon Supreme Court · 1919
- Hejazi v. State of OregonCourt of Appeals of Oregon · 2021