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ZIPPER v. ZIPPER

192 Or. 568 (1951)

235 P.2d 866

ZIPPER v. ZIPPER

Supreme Court of Oregon.

Reversed September 26, 1951.

Attorney(s) appearing for the Case

Joe P. Price, M.E. Tarshis and Leo Levenson, all of Portland, for appellant.

Lloyd M. McCormick, James L. Means and Elton Watkins, all of Portland, for respondent.

REVERSED.

LATOURETTE, J.

This is an appeal by the defendant, Charles Zipper, from a decree of separation from bed and board. There are seven assignments of error; however, it is necessary for us to discuss only the first since it is decisive of the case. The assignment follows:

"The court was without jurisdiction, after the expiration of its June term, to set aside and vacate the original decree of divorce obtained by respondent on July 21, 1948,...

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