Smythe v. Smythe
Oregon Supreme Court
From Marion: William: Galloway, Judge. This is a suit by May Macombe Smythe against Ignatius Martin Smythe for divorce. From a decree for the plaintiff, the district attorney, in the name of the state, appeals. The plaintiff and respondent now move to dismiss the appeal. Motion overruled with leave to renew at hearing on the merits. In Banc. In Banc. Statement by Mr. Justice Burnett.
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From Marion: William: Galloway, Judge. This is a suit by May Macombe Smythe against Ignatius Martin Smythe for divorce. From a decree for the plaintiff, the district attorney, in the name of the state, appeals. The plaintiff and respondent now move to dismiss the appeal. Motion overruled with leave to renew at hearing on the merits. In Banc. In Banc. Statement by Mr. Justice Burnett. After alleging the marriage of the parties, the continuous residence of the plaintiff in this state for more' than one year next prior to the commencement of the suit, that there are no children the issue of the…
1Opinion of the CourtJustice Eakin
1, 2. This is a motion to dismiss an appeal in a suit for a divorce, which was commenced by the filing of the complaint. The defendant, Ignatius Martin Smythe, was a nonresident of the state, and summons was issued to him and returned by the sheriff of Union *152County, North Dakota, showing personal service in said county; the return being indorsed thereon. The case was tried before the county clerk of Marion County, Oregon, as referee, and findings were made in favor of the plaintiff, and a decree of divorce granted. "Whereupon the district attorney of this county filed a notice of appeal from…
2Cases cited2 opinions
- Parrish v. ParrishOregon Supreme Court · 1908
- Eggerth v. EggerthOregon Supreme Court · 1888
3Cited by7 opinions
- In re Marriage of HenryOregon Supreme Court · 1986
- Nelson v. StewartOregon Supreme Court · 1924
- Lahey v. LaheyOregon Supreme Court · 1923
- Kiakona v. KiakonaHawaii Supreme Court · 1941
- In re the Marriage of HenryCourt of Appeals of Oregon · 1985
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