Kelley v. Kelley

This is an appeal by the defendant from a decree of the circuit court which (1),adjudged that a decree of divorce granted the defendant from the plaintiff in the state of Nevada was void; (2) awarded the plaintiff: from the defendant a separation from-.bed and board; and (3) ordered the defendant to pay $i0 monthly towards the support, of the plaintiff.. The appellant (husband)- and respondent (wife) were married October 19, 1935, in the state of Washington. Both were domiciled in Oregon. In Decmber, 19.55, the appellant deserted the respondent. June 14, 1939, the respondent filed in the Circuit Court for Multnomah County a petition which prayed for an order requiring the appellant to contribute to her support. After issue had been joined and a trial had been had the circuit court entered a decree October 26, 1939, awarding the respondent support money. January 16, 1945, the appellant left Oregon and went to Nevada where, on April 17, 1945, he was given a decree of divorce from the respondent. Immediately after the entry of the decree he returned to Oregon. June 6, 1945, the respondent instituted this suit. It is based upon a charge of desertion. The appellant does not challenge the sufficiency of the evidence which proves the desertion.