Daily capital journal. (Salem, Oregon) 1903-1919, 1917-07-31
IUNLAWFUi IN OREGON
LAWFUL ELSEWHERE
First Cousins May Be Legally
Married Though II is
Against State Law

> Flrst cousins may not marry in til,
state OF Oregon, but if they 90 to ;
, state where the law allows them I,
marry and valid nuptial is contracted
then the marriage is valid in the state
OF Oregon, according to an opinion rem
dered this morning by the Oregon sup
RENE court in the case of Otis ID. lee
field, appellant, against Elizabeth M
Leefeld, an action TO declare the mar.
rage void, appealed from the decree of
Circuit Judge Calkins, who held that
the marriage was valid. The supreme
court affirmed the decree of the lower
court.
When the suit came up before Judge
Caiklns in Josephine county, it was
found that the couple was full first
cousins, that they had gone from Ore
gon into Washington and were married.
at Vancouver, and that they went out
OF the state to evade the Oregon law
which prohibited them from marrying.
1t was not shown that such a marriage
was unlawful in Washington, and it was
held that in order to be agood case it
was necessary for the crime to have
been committed in the state. The court
also said that a divorce can only be
granted on the causes specified in the
statutes.
Other cases were as follows:
Ol1ver Nj. Hickey, appellant, against
John b. Coffey, as county clerk of
Multnomah county, an appeal from Null
tnomah county, an action to recover a
U. $. Bank note in the sum of $100 TAX
en- from Paul Williams, alias Earl Carl,
alias John R. Ainsley when he was ar
rested in Los Angeles, California, for
obtaining money from Portland mer.
chants under false pretenses; lower
court reversed and case remanded by
Justice Moore. Chief Justice Mcbride,
Bean and McCamant concur.
Other Opinions.
State of Oregon, appellant, against
E. Fl. Amsden, respondent, appeal from
Lake county, appeal from demurrer of
defendant that circuit court has no
jurisdiction; indecent for practicing
practising medicine without license;
judgment affirmed and Circuit Judge
DAILY sustained.
j. D. Halsey against J. D. Sim
mons, ct al, appellants. appealed from
Wallowa county, an action in replevin,
opinion by Justice Harris, Circuit Judge |
affirmed.
Z. w. Riner, appellant, against South
western Surety and Insurance company,
appeal from Multnomah county, motion
to recall mandate allowed; opinion by
Judge Harris.
First National Bank of Albany
against Hazelwood company, appellant,
appeal from Multnomah county. suit to
construe lease; opinion by Justice Nc
Camant, Circuit Judge McGinn revers-
ed. so
California Trojan Powder company
against Wadhams and company, appel
liant, appeal from Multnomah county,
petition for rehearing, former opinion
adhered to; opinion by Chief Justice
{
Thomas Hodgeson, ct al, appellant, {
against James M. Curtin, appeal from /
Douglas county; action of foreible ent /
y and detainer; appeal conditionally
dismissed; opinion by Justice Moore. {
Parker Stennck, trustee in bankrupt /
" for E. H. Dodge Lumber company, {
lppellant, against J. X, Lumber com t
,any, appeal from Multnomah county,
Leard on rehearing; original opinion ad-
lered to per curiam.
George Stanton Hollister, appellant, Q
gainst Frederick Hollister, appeal from
zoos county, action on the execution of
will; opinion by Judge Hairs, Circuit !
Tudge Coke affirmed