Beard v. Beard

McCOMB, J.

From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover alimony alleged to be due pursuant to a divorce decree entered in a sister state (Oregon), defendant appeals.

These are the essential facts:

April 30, 1930, the Circuit Court of the State of Oregon, in and for the County of Multnomah, entered a decree of divorce in favor of plaintiff which contained among others the following provision:

“It is Further Ordered, Adjudged and Decreed that defendant shall pay to plaintiff the sum of $60.00 per month permanent alimony, said first payment of $60.00 to be made on or before the 15th day of July, 1930, and all other alimony payments shall be made on or before the 15th day of each and

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every succeeding month. This decree is pursuant to a stipulation duly signed by plaintiff and defendant under date of April 24, 1930.”

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The trial judge in the instant action gave judgment in ' favor of plaintiff for the sum of $7,221.80, the amount of the unpaid alimony which had accrued pursuant to the terms of the Oregon decree.

Defendant urges reversal of the judgment upon the proposition

that the Oregon decree was invalid in awarding

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plaintiff $60 per month permanent alimony, smce such award was contrary to the stipulation of the parties.

This proposition will not be considered by this court for the reason that it is settled that a valid judgment of a sister state which has become final must be accorded full faith and credit by every other court within the United States (art. IV, see. 1, Const, of

U.S.A.; Biewend