496 P.2d 22 | Or. Ct. App. | 1972
In this divorce case the trial court decree awarded plaintiff, inter alia, a judgment of $33,700 to
With reference to interest, OES 82.010 provides:
“(1) The legal rate of interest is six percent per annum and is payable on:
* * # #
“(b) Judgments and decrees for the payment of money from the date of the entry thereof unless some other date is specified therein * * *„
* * * & ??
Appellant contends that this statute requires the trial judge to award interest. We do not agree. OES 107.100(4), in effect at the time involved in this case, provided that the court, as part of a marriage dissolution, had power further to decree as follows:
“(4) Whenever a marriage is declared void or dissolved, the court shall make such division or other disposition between the parties of the real or personal property, or both, of either or both of the parties as may be just and proper in all the circumstances * *
Division of the property of the parties to a divorce is largely discretionary and will not be disturbed on appeal unless clearly erroneous. Sandner v. Sandner, 243 Or 349, 413 P2d 424 (1966). With reference to the judgment without interest, the court could have arrived at substantially the same result by reducing the principal amount awarded to plaintiff and allowing in
In view of our holding, it is not necessary to discuss the other issues which were raised in the appeal.
Affirmed.