Miller v. Miller

Plaintiff wife appeals from an order vacating a decree and dismissing her divorce suit. The order appealed from leaves her married to one man while unlawfully living with another.

On April 8, 1960, the 'trial court granted the wife a divorce in a contested case in which the husband had resisted the divorce but had sought no affirmative relief.

On April 11, 1960, the victorious wife went on a romantic excursion with a man whose interest in the case previously had not been suspected either by the husband or by the trial court. After celebrating a marriage prohibited by ORS 107.110, the wife…