Opinion

Ettin v. ROBINSON ET UX

  • 221 Or. 193
  • 349 P.2d 1097
  • 1960 Ore. LEXIS 414
Court
Oregon Supreme Court
Filed
Mar 9, 1960
Status
Published
Author
Harris
On the bench
McAllister, Rossman, Warner, O'Connell, Harris
Cited by
3 cases

The opinion

HARRIS, J.

(Pro Tempore), concurring in part and dissenting in part.

I concur in the opinion of the court that the evidence establishes that plaintiff is the father of Anna Marie Ettin. However, I dissent from that portion of the opinion remanding the cause for the determination of the issue of fitness of the plaintiff. This is an appeal in which the trial is de novo in this court. The issue of fitness is fully presented in the appellate record and the briefs, and this court, in my opinion, should make a final determination of this issue, as well as any other issue properly contested in the cause. This, in my opinion, is our obligation in all causes tried de novo in this court.

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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