Newhouse v. Newhouse
| Court | Supreme Court of Oregon |
| Writing for the Court | Before O'CONNELL, C.J., McALLISTER, HOLMAN, TONGUE, HOWELL and BRYSON, JJ., and SLOPER; McALLISTER |
| Citation | 271 Or. 109,530 P.2d 848 |
| Decision Date | 23 January 1975 |
| Parties | Miriam I. NEWHOUSE, Appellant, v. Harold L. NEWHOUSE, Respondent. |
Page 848
v.
Harold L. NEWHOUSE, Respondent.
Decided Jan. 23, 1975.
[271 Or. 110] Stephen D. Brown, Eugene, argued the cause for appellant. With him on the brief were Gildea & McGavic, P.C., Eugene.
J. C. Van Voorhees, Bodie, Minturn, Van Voorhees & Larson, Prineville, argued the cause and filed a brief for respondent.
Before O'CONNELL, C.J., McALLISTER, HOLMAN, TONGUE, HOWELL and BRYSON, JJ., and SLOPER, J. Pro Tem.
McALLISTER, Justice.
This is a proceeding to register an Iowa judgment in Oregon pursuant to the Uniform Enforcement of Foreign Judgments
Page 849
Act, ORS Chapter 24. The trial court set aside the registration on the ground that it was not commenced within the time allowed for bringing an action on a foreign judgment in this state. ORS 24.020 and ORS 12.070.The plaintiff Miriam I. Newhouse was granted a divorce in Story County Iowa by a decree entered on May 23, 1951, which decreed that defendant Harold L. Newhouse pay to plaintiff $80 per month for the support of two minor children, Norman and Lauretta, until they reached the age of 18 years. It was agreed [271 Or. 111] that the obligation to support Norman ended on September 7, 1960 and to support Lauretta ended on August 24, 1963.
The plaintiff registered the Iowa decree in Lane County on July 17, 1973 and began this proceeding in the Circuit Court for Lane County to obtain a final personal judgment against defendant for $19,660, the amount alleged to be due and unpaid pursuant to the Iowa decree. Venue of the proceeding was changed to Crook County where defendant resided.
In response to plaintiff's petition defendant alleged that the Iowa judgment was barred by ORS 12.070, which provides that an action on a foreign judgment shall be commenced within 10 years.
It was agreed that an Iowa judgment is valid in Iowa for 20 years. Iowa Code 614.1(7). It was stipulated that child support payments required by the Iowa decree became a judgment when they became due in the same manner as child support payments become a judgment in Oregon. We quote from Shannon v. Shannon, 193 Or. 575, 580, 238 P.2d 744, 746, 239 P.2d 993 (1952), as follows:
'* * * The Oregon decisions have with equal clarity established the rule that each installment which comes due under a decree for the payment of support money or alimony constitutes a separate and final judgment and that the statute of limitations begins to run as to each installment from the due date thereof. Cousineau v. Cousineau, 155 Or. 184, 63 P.2d 897; Stephens v. Stephens (et al.), 170 Or. 363, 132 P.2d 992; Cogswell v. Cogswell (et al.), 178 Or. 417, 167 P.2d 324.'
After a hearing, the trial court on April 30, 1974 set aside the registration of the Iowa judgment on the ground that the attempt to register it was not [271 Or. 112] commenced within the 10 years allowed...
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...a simplified alternative to bringing suit on the foreign judgment, and if suit is barred so is registration." Accord Newhouse v. Newhouse, 271 Or. 109, 530 P.2d 848 To support its position, Lawrence Systems relies on Producers Grain Corporation v. Carroll, 546 P.2d 285 (Okla.Ct.App.1976). C......
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Hanley Eng'g v. Weitz & Co., A175597
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Hanley Engineering, Inc. v. Weitz & Company, Inc., A175597
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Ball v. Haughton, 76-1368
...judgment where the judgment, once registered, was accorded the same consideration as a domestic judgment. (Newhouse v. Newhouse (1975), 271 Or. 109, 530 P.2d 848.) We accept this reasoning, and we note that in Illinois once proper application for registration is made and defendant is served......