![]() ![]() On Octohusband filed an amended petition in the Lane County Circuit Court seeking dissolution of his marriage to wife. Finding husband to be in default, the court proceeded to issue a decree dissolving the marriage, dividing the property of the parties, and awarding custody of the minor children to wife. Nor were any objections made to the applicable Tribal Court hearing procedures. Although husband's attorney had contacted the Chief Judge of the Tribal Court on June 13, at which time his request to appear on behalf of his client was denied,*920 the record does not show that any request for a continuance or objection to the means by which the matter had been expedited was submitted to the court. He subsequently declined to appear on that date. At approximately noon on Jhusband received a second "Notice of Action" informing him that the hearing on his wife's cause of action had been advanced and that his presence would be required at 2 p.m. Three days later, while physically present on the Warm Springs Reservation, husband was personally served with a summons and complaint directing him to appear in the Tribal Court on July 23, 1974. On respondent-wife had filed her complaint for divorce in the Tribal Court. This appeal raises the single question of whether a divorce decree issued by the Tribal Court for the Confederated Tribes of the Warm Springs Reservation in Oregon was entitled to recognition by the circuit court as a bar to the maintenance of a suit for dissolution filed by appellant-husband. Montee Kennedy, Bend.īefore SCHWAB, C.J., and LANGTRY and FOLEY, JJ. ![]() With him on the brief were Panner, Johnson, Marceau & Karnopp and C. Karnopp, Bend, argued the cause for respondent. With him on the brief were Husband, Johnson & Fechtel, Eugene.ĭennis C. Hudson, Eugene, argued the cause for appellant. In the matter of the Marriage of David Joseph RED FOX, Appellant, AND Marcia Annett Red Fox, Respondent. ![]()
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