Ward v. Ward

Citation69 P.2d 963,156 Or. 686
PartiesWARD v. WARD.
Decision Date29 June 1937
CourtOregon Supreme Court

In Banc.

Appeal from Circuit Court, Malheur County; Charles W. Ellis, Judge.

On petition for rehearing.

Petition for rehearing denied.

For former opinion, see 68 P.2d 763.

A. L. Fletcher, of Nyssa, for appellant.

Lytle & Coad, of Vale, for respondent.

CAMPBELL, Justice.

The respondent has filed a petition for rehearing, but in his petition there are no propositions raised that the court did not give full and careful consideration to in the opinion, and the petition for rehearing will be denied.

It is further suggested that in the opinion no disposition was made by the court regarding costs and disbursements. Unless the opinion otherwise provides, costs and disbursements in an equity suit are allowable to the prevailing party. However, in this cause, after due consideration, we are of the opinion that neither party shall recover costs and disbursements in this court, and the mandate will so provide.

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7 cases
  • Marriage of Cope, Matter of
    • United States
    • Oregon Court of Appeals
    • 17 Noviembre 1980
    ...previous matters had been submitted on stipulated facts. As stated by the Supreme Court in Ward v. Ward, 156 Or. 686, 690, 68 P.2d 763, 69 P.2d 963 (1937): "If the court deems that a stipulation, entered into between the parties, regarding the custody and maintenance of minor children, is f......
  • State ex rel. Stirewalt v. Stirewalt
    • United States
    • Oregon Court of Appeals
    • 6 Enero 1972
    ...settlement by contempt proceedings. Jensen v. Jensen, 249 Or. 423, 438 P.2d 1013 (1968); Ward v. Ward, 156 Or. 686, 68 P.2d 763, 69 P.2d 963 (1937). See also, Annotation, 154 A.L.R. 443 (1945); Stone v. Stidham, 96 Ariz. 235, 393, P.2d 923 (1964); Cocke v. Cocke, 13 Ariz.App. 57, 474 P.2d 6......
  • Whittier v. Whittier
    • United States
    • Iowa Supreme Court
    • 18 Junio 1946
    ...section 1870, page 2032, section 1884; Brevet v. Brevet, 316 Ill.App. 406, 45 N.W.2d 199; Ward v. Ward, 156 Ore. 686, 68 P.2d 763, 765, 69 P.2d 963. The of which the stipulation is a part, should be construed in accordance with its evident intention. 27 C.J.S., Divorce, § 251c(2)(b), p. 102......
  • State v. Weitzel
    • United States
    • Oregon Supreme Court
    • 7 Julio 1937
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