EDWARDS v. EDWARDS

TC 16-85-06382; CA A48610; SC S36265.

801 P.2d 782 (1990)

310 Or. 672

Laverne Watts EDWARDS, Petitioner On Review, v. Ernest Jackson EDWARDS, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided November 26, 1990.


Attorney(s) appearing for the Case

Ira L. Gottlieb, Portland, argued the cause for petitioner on review. With him on the petition were Lawrence D. Gorin, Portland and Keller, Gottlieb & Gorin, Portland.

John G. Cox, Eugene, argued the cause for respondent on review.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.


FADELEY, Justice.

Plaintiff relies on service by certified mail, return receipt requested, addressed to an individual defendant's Nevada post office box, to constitute sufficient service of summons and complaint in an Oregon action. That mail was not delivered to defendant but was, instead, returned to plaintiff by the postal authorities rubber-stamped "UNCLAIMED." The Court of Appeals affirmed a circuit court judgment dismissing the complaint because of insufficient...

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