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Cookson v. Cookson

COOKSON, Respondent, v. COOKSON, Appellant

Cookson v. Cookson, 424 P.2d 218 (Or. 1967)
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Court
Oregon Supreme Court · State Highest Courts
Decided
February 23, 1967
Judges
Sloan, Denecke, Lusk
Citations
424 P.2d 218246 Or. 1181967 Ore. LEXIS 555

Opinion — Per Curiam

PER CURIAM.

The plaintiff husband obtained a default divorce decree from the defendant wife. About 16 months later she moved to set aside the decree upon the ground of inadvertence and mistake. Her testimony at the hearing upon the motion was that her husband had misled her into believing that no divorce was sought by him or granted, and she had no notice of the decree until 15 months after its entry. The trial court did not find the defendant’s testimony credible and found that the defendant had notice of the decree at about the time that it was entered and that the decree was not entered through inadvertence.

Divorce suits are treated as matters in equity and, therefore, are tried de novo on appeal. In de novo appeals, however, when the issue turns upon the credibility of the witnesses we place great reliance upon the trial court’s findings. We do so in this case and, therefore, affirm the order denying plaintiff’s motion to set aside the decree.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11974: 11983: 119722026peak 1972 · 1

Relies on it most ⓘ

  1. Frazee v. Frazee660 P.2d 928 (Idaho 1983)
  2. Doyle v. Doyle522 P.2d 906 (Or. Ct. App. 1974)
  3. Held v. Held493 P.2d 1388 (Or. Ct. App. 1972)

Most recent

  1. Frazee v. Frazee660 P.2d 928 (Idaho 1983)
  2. Doyle v. Doyle522 P.2d 906 (Or. Ct. App. 1974)
  3. Held v. Held493 P.2d 1388 (Or. Ct. App. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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