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DICKENSON v. BABICH

213 Or. 472 (1958)

326 P.2d 446

DICKENSON v. BABICH

Supreme Court of Oregon.

Reversed May 28, 1958.

Attorney(s) appearing for the Case

Peery T. Buren and Allan G. Carson, Salem, argued the cause for appellant. On the brief were Carson, Carson & Gunnar and Peery T. Buren.

John C. Mull and Paul F. Burris, Salem, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and LUSK, WARNER and KESTER, Justices.

REVERSED WITH DIRECTIONS.

PERRY, C.J.

This is an action wherein plaintiff recovered damages against the defendant for alienating the affections of plaintiff's wife. From the judgment entered the defendant appeals.

Constructive service of summons was had upon the defendant by publication, as provided in ORS 15.140. The defendant appeared specially and moved to set aside the service had upon him. The trial court denied the defendant's motion and the...

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