86 P. 593 | Or. | 1906
delivered the opinion of the court.
Maintenance and permanent alimony are synonymous terms, and mean an allowance in money to be recovered on decree of a divorce from the party in fault for the support of the innocent party: B. & C. Comp. § 513 ; Calame v. Calame, 25 N. J. Eq. 548. A text-writer, in discussing this subject, says : “Unless so provided by statute, no fixed portion of the estate of either party is to be allotted to the other upon a divorce”: 14 Cyc. 792. Thus, under a statute of New York which authorized provision to be made
An error having been committed as indicated, the action of the court in denying the motion is reversed, and the-part of the decree complained of vacated. Reversed.