Garner v. Garner

Joseph Garner, plaintiff, and Mary L. Garner (now Mary L. Williams) defendant in this case, were formerly husband and wife. In 1939, Joseph brought suit for divorce against Mary in Multnomah County. Mary was personally served with summons, but made no appearance, and a default decree was entered in favor of Joseph on September 14, 1939. During the pendency of the suit, Joseph conveyed to Mary his interest in their home in Portland. Despite Mary’s default, the decree awarded her permanent alimony, using the following language:

“IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the plaintiff as…