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SIBOLD v. SIBOLD

217 Or. 27 (1959)

340 P.2d 974

SIBOLD v. SIBOLD

Supreme Court of Oregon.

Reversed with instructions June 24, 1959.

Attorney(s) appearing for the Case

Martin P. Gallagher, Ontario, argued the cause for appellant. With him on the brief were Gallagher & Gallagher, of Ontario.

Orval N. Thompson, Albany, argued the cause for respondent. With him on the brief were Weatherford & Thompson, of Albany.

Before McALLISTER, Chief Justice, and ROSSMAN, O'CONNELL and CRAWFORD, Justices.

REVERSED WITH INSTRUCTIONS.

CRAWFORD, J. (Pro Tempore)

Defendant, James F. Sibold, appeals from a decree setting aside a decree of divorce awarded him May 20, 1949, in a suit in which Ada F. Sibold, plaintiff herein, was defendant. A property settlement had been agreed upon and approved by the court and defendant's default entered. On September 9, 1949 the said Ada F. Sibold filed a petition to set aside the said divorce decree and for leave to file her answer...

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