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DAY v. DAY

226 Or. 499 (1961)

359 P.2d 538

DAY v. DAY

Supreme Court of Oregon.

Affirmed February 21, 1961.

Petition for rehearing denied March 28, 1961.

Attorney(s) appearing for the Case

Lawrence V. Smart, Jr., Portland, argued the cause for appellant. On the brief were Smart, Thomas and Bartsch, Portland.

David O. Bennett, St. Helens, argued the cause for respondent. On the brief were Bennett & Vagt, St. Helens.

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

AFFIRMED.

McALLISTER, C.J.

This is an appeal by the plaintiff from an order denying her motion to vacate a decree of divorce in favor of defendant.

This suit was filed by plaintiff in Columbia County on February 6, 1958 and shortly thereafter the defendant filed an answer and cross-complaint. In April 1958 the parties were reconciled and lived together until October 1958 when they again separated. Thereafter...

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