Phy v. Phy

I am unable to concur in the majority opinion herein. I do not question the propriety of modifying a decree awarding alimony where it is for maintenance only, and where the conditions have changed since the adjudication, and the decree is not based upon any consideration of property rights of the wife, as in Brandt v. Brandt, 40 Or. 477, 486 (67 P. 508, 510), but as said by Mr. Justice WOLVERTON, as found on the last-named page:

"And where the allowance proceeds from a consideration of the restitution of property brought to the husband by reason of the marriage, or the partition of property…