ARNOLD ET AL. v. ARNOLD


193 Or. 490 (1951)

237 P.2d 963

239 P.2d 595

ARNOLD ET AL. v. ARNOLD

Supreme Court of Oregon.

Reversed November 21, 1951.

Motion to modify decree denied and cause remanded January 9, 1952.


Attorney(s) appearing for the Case

George E. Birnie, of Portland, argued the cause and filed a brief for respondents.

E.B. McCutchan, of Portland, argued the cause and filed a brief for appellant.

Before BRAND, Chief Justice, and HAY, LUSK, WARNER and TOOZE, Justices.


REVERSED.

LUSK, J.

1. During the oral argument a question of the jurisdiction of the court below to determine the controversy was raised from the bench. Both counsel conceded the jurisdiction. But, as jurisdiction cannot be conferred by stipulation, and, as there is new legislation affecting the subject not heretofore considered by this court, it is necessary that we express our views.

Prior to 1919 probate jurisdiction in Multnomah County, as elsewhere...

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