Steiwer v. Steiwer

230 P. 359, 112 Or. 485, 1924 Ore. LEXIS 75
CourtOregon Supreme Court
DecidedNovember 12, 1924
StatusPublished
Cited by7 cases

This text of 230 P. 359 (Steiwer v. Steiwer) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steiwer v. Steiwer, 230 P. 359, 112 Or. 485, 1924 Ore. LEXIS 75 (Or. 1924).

Opinion

BROWN, J.

The plaintiff in this cause was divorced in a former suit. She now makes a collateral attack upon the court’s decree dissolving the marriage contract.

In the case of Leland L. Steiwer v. Mabel Steiwer, the Circuit Court of the State of Oregon for Wheeler County acquired jurisdiction of the parties and of the subject matter.

In the case of Shaveland v. Shaveland (Or.), 228 Pac. 1090, decided September 30, 1924, we wrote the following, which is applicable to the case at issue:

“If the plaintiff was dissatisfied with the decree of the lower court, she had a remedy. ‘A judgment or decree may be reviewed as described in this chapter, and not otherwise. ’ Or. L., § 548. The circuit court of the state of Oregon for Marion county was [489]*489a court of competent jurisdiction. It had jurisdiction of the parties. Likewise, it possessed jurisdiction of the subject matter of the suit. Therefore, it matters not how erroneous its decree might have been. Its adjudication is binding upon the parties until reversed in a lawful proceeding: Morrill v. Morrill, 20 Or. 96 (25 Pac. 362, 23 Am. St. Rep. 95, 11 L. R. A. 155). In the case just cited, this court wrote: ‘It is said to be an axiom of the law that, when a court has jurisdiction of the subject matter and the parties, its judgments cannot be impeached collaterally for errors of law or irregularity in practice.’ ”

The following is in point:

“A judgment rendered by a court having complete jurisdiction must be regarded by the parties thereto as speaking the exact truth in respect to all matters which were involved in the issue in that proceeding so long as the judgment remains in force. However a judgment may have been obtained, unless it is void it cannot be ignored and the rights of the parties again inquired into in a collateral proceeding.” Nicholson v. Nicholson, 113 Ind. 131 (15 N. E. 223).

To like effect, see Woodward v. Baker, 10 Or. 491; Berry v. King, 15 Or. 165 (13 Pac. 772); Crabill v. Crabill, 22 Or. 588 (30 Pac. 320); North Pacific Cycle Co. v. Thomas, 26 Or. 381 (38 Pac. 307, 46 Am. St. Rep. 636); McNary v. Bush, 35 Or. 114 (56 Pac. 646); George v. Nowlan, 38 Or. 537 (64 Pac. 1); McFarlane v. Cornelius, 43 Or. 513 (73 Pac. 325, 74 Pac. 468); Title Abstract Co. v. Nasburg, 58 Or. 190 (113 Pac. 2); Bobell v. Wagenaar, 106 Or. 232 (210 Pac. 711).

“In a collateral attack on a judgment or decree, only the existence of jurisdiction in the trial court can be considered.” Huffman v. Huffman, 47 Or. 610 (86 Pac. 593 (syl.), 114 Am. St. Rep. 943).

In all cases where jurisdiction is shown to have attached in a court of limited or special jurisdiction, [490]*490the same intendment of regularity will prevail as fothe proceedings of Superior Courts: Thompson v. Multnomah County, 2 Or. 34; Bewley v. Graves, 17 Or. 274 (20 Pac. 322); French-Glenn Co. v. Harney County, 36 Or. 138 (58 Pac. 35); Lauderback v. Multnomah County (Or.), 226 Pac. 697.

Crabill v. Crabill, supra, is much in point on the case at issue. That was a divorce suit, wherein the defendant, in his answer, set up as a further and separate defense that the parties were already divorced by decree of the Circuit Court of Umatilla County, and, among other things, attached a copy of the findings of the referee and decree rendered on the same, and alleged that the report of the referee therein was confirmed in all respects by the Circuit Court of that county. Plaintiff filed a demurrer to that defense, which was overruled. The plaintiff refused to plead further, whereupon the court rendered a decree in favor of the defendant, from which she appealed. In that case Mr. Justice Lord, in speaking for this court, said:

“A void judgment or decree is never binding, and may be disregarded and treated as a nullity; but a judgment or decree which is merely voidable is binding upon the parties until reversed by some direct proceeding. * * The record discloses that the defendant in the former suit appeared and filed a demurrer, which was overruled, and that the state was represented by the district attorney; that the cause was referred to a referee to take the testimony and to report the same with his findings to the court; that thereafter the referee made his findings upon the testimony and reported the same to the court, which was confirmed by the court on motion of the plaintiff, and a decree for a divorce granted to her. The court, therefore, had jurisdiction of the parties and of the subject matter of the suit; and the decree which it [491]*491rendered was within the jurisdiction conferred on it by law.”

The plaintiff in the instant case admits, and asserts, that she is making a collateral attack upon the court’s decree.

The court having acquired jurisdiction of the parties and of the subject matter of the suit in the divorce proceedings had in the Circuit Court for Wheeler County, Oregon, the decree rendered therein imports verity. However, the decree shows that the court referred the case to Nell M. Don for the purpose of taking testimony. The plaintiff urges that this action upon the part of the court was fatal to its decree. Her counsel earnestly and ably contend that the court exceeded its authority by making the reference, and assert, in effect, that the sections of our Code pertaining to divorce nowhere empower the trial court to refer the cause to a referee for the purpose of taking and reporting the testimony.

Divorce proceedings are the same as the proceedings in other cases, except as modified by statute (Reed v. Reed, 101 Mo. App. 176 (70 S. Wr. 505), and except in so far as the public interest is involved (Dutcher v. Dutcher, 39 Wis. 651).

In De Vall v. De Vall, 57 Or. 128 (109 Pac. 755, 110 Pac. 705), the court declared:

“The authority to grant divorces and to award alimony, though conferred upon a court by statute, carries with it such powers as are expressly given and also such as may necessarily be incidental to its exercise.

“It has generally been held that the power to grant a divorce is not within the general jurisdiction of courts of equity. It has been held, however, that where no special tribunal has been created for divorce cases, courts of equity should assume cognizance of such actions.” 19 C. J., p. 24.

[492]*492Proceedings for divorce are based upon the statute, and the courts may apply equitable principles: Johannessen v. Johannessen, 70 Misc. Rep. 361 (128 N. Y. Supp. 892).

It is true, as urged by the appellant, that a divorce proceeding was unknown to the common law. Dr. Bishop has observed:

“Substantially, our divorce jurisdiction is statutory.” 2 Bishop on Marriage and Divorce, § 801.

The power of the courts in divorce suits is bounded by statutory law. Our Code provides that for certain specified causes a husband or wife may maintain a suit for the dissolution of the marriage contract: Or. L., §§ 501, 507.

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Bluebook (online)
230 P. 359, 112 Or. 485, 1924 Ore. LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steiwer-v-steiwer-or-1924.