169 P. 119 | Or. | 1917
Opinion by
The alleged errors were not taken advantage of by objection and exceptions at the trial, and will not be considered here. As remarked by Mr. Chief Justice Waldo, in Kearney v. Snodgrass, 12 Or. 311 (7 Pac. 309):
“It is not error simply but error legally excepted to, that constitutes ground for reversal.”
The court reserved its decision upon this case for more than two weeks after the hearing, and it is more than probable that the judge followed the not unusual practice of circuit judges and had the testimony read to bim by the stenographer before rendering his final decision.
We have given a fair summary of the testimony up to this point and it indicates clearly that the money was originally advanced upon the strength of a promise by plaintiff that he would obtain a divorce from his wife and marry defendant, and a reciprocal promise on the part of the defendant that she would marry plaintiff when he had so been divorced. The agreement, if made, was grossly corrupt, illegal, and immoral. The money received by defendant from plaintiff, and the services rendered by him to her, were not advanced or rendered with any expectation or agreement to repay them, except that involved in the immoral contract of a married man to get a divorce from his wife, and thereafter marry defendant, and the further consideration of illicit intercourse. Plaintiff could not get rid of the taint of illegality that hung around the transaction by presenting a bill for services rendered and money advanced,-and taking notes for such sums. The courts were not created to be used
Judgment affirmed. Affirmed.