Carmichael v. Carmichael
Oregon Supreme Court
Prom Umatilla: Gilbert W. Phelps, Judge. In Banc. On September 10, 1920, George B. Carmichael filed in the Circuit Court of the State of Oregon in and for Umatilla County a suit for divorce, against Mabel E. Carmichael, his wife. On that date the defendant wife was served with process and acknowledged service of the same, and immediately thereafter appeared in the suit by her attorney, who filed a demurrer to the complaint. The cause was heard on the same date.
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Prom Umatilla: Gilbert W. Phelps, Judge. In Banc. On September 10, 1920, George B. Carmichael filed in the Circuit Court of the State of Oregon in and for Umatilla County a suit for divorce, against Mabel E. Carmichael, his wife. On that date the defendant wife was served with process and acknowledged service of the same, and immediately thereafter appeared in the suit by her attorney, who filed a demurrer to the complaint. The cause was heard on the same date. At the hearing the defendant, by her attorney, withdrew the demurrer. After the testimony was heard, the court took the matter under…
1Opinion of the CourtBrown, J.
The question to he decided here is: “Did the Circuit Court have jurisdiction of the subject matter when it made the order vacating the decree annulling the marriage contract existing between the plaintiff and defendant?” If so, the order is not appealable. If the court was without jurisdiction, the order is void and by the uniform ruling of the many precedents by this court such an order is appealable.
The defendant based her motion upon Section 103, Or. L., providing that:
“The court may * * in its discretion, and upon such terms as may be just, allow an answer or reply to be made, or other…
2Cases cited29 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- Kadderly v. PortlandOregon Supreme Court · 1903
- Caseday v. LindstromOregon Supreme Court · 1904
- Hume v. BowieSupreme Court of the United States · 1893
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3Cited by32 opinions
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- Abrahamson v. Northwestern Pulp & Paper Co.Oregon Supreme Court · 1932
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