Sturgis v. Sturgis
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Eakin. This is a suit for divorce and alimony. Defendant W. P. Sturgis was adjudged a spendthrift by the county court of Umatilla County in 1905, being then 24 years old, and Jas.
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From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Eakin. This is a suit for divorce and alimony. Defendant W. P. Sturgis was adjudged a spendthrift by the county court of Umatilla County in 1905, being then 24 years old, and Jas. A. Fee was appointed the guardian of his person and estate, which was of the value of about $10,000. Thereafter, while such guardianship continued, viz., on January 13, 1906, plaintiff and defendant Sturgis desired to intermarry, but said guardian refused his consent thereto; and for the purpose of avoiding the marriage laws of this State, of which they…
1Opinion of the CourtJustice Eakin
1. It is first insisted by the plaintiff that the order appealed from is not an appealable order. By the constitution of this State (Article VII, Section 7) it is provided that:
“The Supreme Court shall have jurisdiction only to revise the final decisions of the circuit courts.”
This provision of the constitution is held in Portland v. Gaston, 38 Or. 533 (63 Pac. 1051), not self-executing, and the cases that may be appealed must be prescribed by the legislature, and therefore the provisions of the statute prescribing the cases that may or may not be appealed is conclusive. Section 547, B. & C.…
2Cases cited23 opinions
- Deering v. QuiveyOregon Supreme Court · 1895
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Hills v. StateNebraska Supreme Court · 1901
- Commonwealth v. GrahamMassachusetts Supreme Judicial Court · 1892
- Bates v. DunhamSupreme Court of Iowa · 1882
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3Cited by42 opinions
- Lilienthal v. KaufmanOregon Supreme Court · 1964
- Huard v. McTeighOregon Supreme Court · 1925
- Holton v. HoltonOregon Supreme Court · 1913
- Service v. Sumpter Valley Ry. Co.Oregon Supreme Court · 1918
- Columbia Auto Works, Inc. v. YatesOregon Supreme Court · 1945
37 more not listed; retrieve them via the Exa API.