State v. Stillwell

Decided June 6, 1916

Oregon Supreme Court · decided 1916-06-06

From Coos: John S. Coke, Judge. In Banc. Statement by Mb. Chief Justice Mooee. This is a civil contempt proceeding instituted in the Circuit Court for Coos County by the State of Oregon, upon the relation of Bertha 0. Stillwell, against John B. Stillwell, to punish him for an alleged disobedience of a decree of that court.

Relies on State v. Downing · Trullinger v. Howe

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1916-06-06

How this case has been cited

Cited by 7 later decisions — most recently April 1941

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Harris

¶1delivered the following opinion, concurring specially:

¶2The affidavit must show either that a copy of the order has been served, or that the party has actual knowledge of the making of the order. In the instant case the affidavit does not allege that John R. Stillwell was served with a copy of the order, nor does it aver that he had actual knowledge of the making of the order, and consequently the affidavit is not sufficient: State ex rel. v. Downing, 40 Or. 309, 325 (58 Pac. 863, 66 Pac. 917); Trullinger v. Howe, 58 Or. 73, 79 (113 Pac. 4); 9 Cyc. 12.