MILLER v. MILLER


228 Or. 301 (1961)

365 P.2d 86

MILLER v. MILLER

Supreme Court of Oregon.

Reversed with directions September 20, 1961.


Attorney(s) appearing for the Case

John U. Yerkovich, Portland, argued the cause for appellant. With him on the brief was John P. Ronchetto, Portland.

Ray F. Merry, Portland, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.


REVERSED WITH DIRECTIONS.

GOODWIN, J.

Plaintiff wife appeals from an order vacating a decree and dismissing her divorce suit. The order appealed from leaves her married to one man while unlawfully living with another.

On April 8, 1960, the trial court granted the wife a divorce in a contested case in which the husband had resisted the divorce but had sought no affirmative relief.

On April 11, 1960, the victorious wife went on a romantic excursion...

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