Opinion

Schafer v. Schafer

  • 243 Or. 242
  • 412 P.2d 793
  • 1966 Ore. LEXIS 538
Court
Oregon Supreme Court
Filed
Mar 30, 1966
Status
Published
On the bench
McAllister, Perry, Sloan, Coodwin, Schwab
Cited by
3 cases
Authority
More cited than 64.6%

The opinion

PER CURIAM.

This is a suit for divorce by plaintiff on the grounds of cruel and inhuman treatment. The defendant filed a cross complaint on the same grounds and asked for

*243

a decree of separation from bed and board. Defendant was awarded the decree of separation from bed and board, the custody of the two youngest children, alimony, child support, and a property settlement. The plaintiff was awarded custody of his two oldest children. From this decree the plaintiff appeals.

Plaintiff attempted to call as witnesses Donald Schafer (aged 16) and Robert Schafer (aged 15), children of plaintiff and defendant. The trial court refused to permit these children to testify, solely on the basis they were children of the parties.

There was a conflict in the testimony of the parties and this refusal to permit these witnesses to testify constitutes reversible error.

Kreutzer v. Kreutzer,

226 Or 158 , 359 P2d 536 .

Reversed and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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