SMITH v. HICKEY ET AL.


188 Or. 539 (1950)

214 P.2d 805

216 P.2d 268

SMITH v. HICKEY ET AL.

Supreme Court of Oregon.

Reversed and remanded February 15, 1950.

Petition for rehearing denied April 11, 1950.


Attorney(s) appearing for the Case

Alton John Bassett, of Portland, argued the cause for appellants. With him on the briefs was William J. Crawford, of Portland.

W.B. Shively, of Portland, argued the cause and filed a brief for respondent.

Before LUSK, Chief Justice, and BRAND, BELT, HAY and PAGE, Justices.


DECREE REVERSED AND CAUSE REMANDED.

BELT, J.

The purpose of this suit is to set aside as void a decree of divorce purporting to adjudicate the rights of the parties in and to certain real property in Portland, Oregon, for the reason that the court did not obtain jurisdiction of the person of the defendant. The plaintiff in the divorce proceeding died on the day after the decree was entered. The marriage relationship...

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