DEARDORFF v. DEARDORFF


467 P.2d 137 (1970)

Louisa May DEARDORFF, Appellant, v. Donald H. DEARDORFF, Respondent.

Court of Appeals of Oregon, Department 1.

Decided March 26, 1970.


Attorney(s) appearing for the Case

Gary A. Thye, Portland, argued the cause for appellant. With him on the brief were Vergeer, Samuels, Roehr & Sweek, Portland.

John C. Anicker, Jr., Oregon City, argued the cause for respondent. On the brief were Jack, Goodwin & Anicker, Oregon City.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.


SCHWAB, Chief Judge.

The plaintiff appeals from that portion of a divorce decree which granted to defendant husband the custody of the parties' eight-year-old daughter. At the trial the defendant did not seek custody — the trial court sua sponte granted custody to the defendant. The defendant has evinced his desire to continue custody of the child by his participation in this appeal.

At the time the divorce complaint was filed the parties had...

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