Wade v. Wade

• Decision Date: 24 June 1919
• Citation: 182 P. 136,92 Or. 642
• Parties: WADE v. WADE.
• Court: Oregon Supreme Court

182 P. 136

92 Or. 642

WADE v. WADE.

Supreme Court of Oregon

June 24, 1919

Department 1.

Appeal from Circuit Court, Multnomah County; J. P. Kavanaugh, Judge.

On rehearing. Order vacating default judgment for plaintiff reversed.

Colon Eberhard, of La Grande (Cochran & Eberhard, of La Grande, on the briefs), for appellant.

G. Evert Baker, of Portland, for respondent.

PER CURIAM.

The material facts in this case are sufficiently stated in Wade v. Wade, 176 P. 192, which involved the determination of a motion to dismiss, which motion went practically to the whole merits of this appeal.

After that decision, learned counsel for the plaintiff suggested, upon petition for rehearing, that there were other defects in the original proceedings, which were so serious83 as to render the order permitting the amendment of proof of service absolutely void. Whereupon we granted permission to respondent to renew the motion to dismiss, upon the final hearing, 178 P. 799.

Since that hearing, we have carefully reexamined the record and are satisfied the circuit court had jurisdiction to permit the amendment nunc pro tunc of the original proof of service, and that the original decree of divorce rendered on June 23, 1917, was a valid decree. This being the case, the court was without power to vacate said decree on May 20, 1918. The order of May 20, 1918, is therefore reversed.