BROWN v. BROWN


481 P.2d 643 (1971)

Irvin E. BROWN, Respondent, v. Barbara J. BROWN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 5, 1971.


Attorney(s) appearing for the Case

E. Scott Lawlor, Eugene, argued the cause and filed the brief for appellant.

John Svoboda, Springfield, argued the cause for respondent. With him on the brief were Sanders, Lively & Wiswall, Springfield.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.


THORNTON, Judge.

This is an appeal by the defendant (mother), Barbara J. Brown, from an order which modified a divorce decree by changing custody of the minor child of the parties, Sherry Lee Brown, to the plaintiff (father), Irvin E. Brown.

Defendant appeals on the grounds that the trial court erred (1) in allowing testimony outside the scope of plaintiff's motion for a modification of the divorce decree and the affidavit in support of that motion; (2) in...

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