Taylor v. Taylor
Oregon Supreme Court
From Clackamas: James A. Eakin, Judge. Department 2. Statement by Mr. Chief Justice McBride. The plaintiff, Charles D.. Taylor, brought a suit to declare his marriage with defendant, Minnie N. Taylor void. On answer being filed by defendant, plaintiff moved to dismiss, which motion was granted; the court awarded defendant $2,500 suit money and $8,665 for maintenance while the suit was pending. From the order granting suit money and maintenance, plaintiff appealed.
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From Clackamas: James A. Eakin, Judge. Department 2. Statement by Mr. Chief Justice McBride. The plaintiff, Charles D.. Taylor, brought a suit to declare his marriage with defendant, Minnie N. Taylor void. On answer being filed by defendant, plaintiff moved to dismiss, which motion was granted; the court awarded defendant $2,500 suit money and $8,665 for maintenance while the suit was pending. From the order granting suit money and maintenance, plaintiff appealed. Upon notice of appeal being filed, and before the justification of the surety on the appeal bond, defendant applied to the Circuit…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. This court has no original jurisdiction to grant suit money or maintenance pending the, hearing of a case upon appeal. This-is settled by the case of O’Brien v. O’Brien, 36 Or. 92 (57 Pac. 374, 58 Pac. 892). No appeal was taken by defendant from the refusal of the court to grant further suit money and maintenance, and the question, therefore, is one in which we are either required to exercise original jurisdiction or it is not here at all. While Article VII, Section 2 *513of the Constitution, as amended November 8, 1910 (see Laws 1911, p. 7), has given this…
2Cases cited2 opinions
- State v. MagersOregon Supreme Court · 1899
- O'Brien v. O'BrienOregon Supreme Court · 1899
3Cited by15 opinions
- Rodda v. RoddaOregon Supreme Court · 1948
- Hengen v. HengenOregon Supreme Court · 1917
- PACIFIC NORTHWEST DEVELOPMENT CORP. v. HollowayOregon Supreme Court · 1976
- Taylor v. TaylorIdaho Supreme Court · 1921
- Edwards v. EdwardsOregon Supreme Court · 1951
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