— Respondent brought this action to compel appellant, as administratrix of the estate of Edwin S. Platts, deceased, to file and allow as a just claim against the estate of Edwin S. Platts, deceased, a transcript of judgment for alimony awarded in a divorce granted respondent by the circuit court of the state of Oregon, for Multnomah county.
The transcript as presented to the administratrix was simply a certified copy of the decree of the Oregon court, as follows:
“This case cоming on to be heard for final hearing and trial before Honorable Wm. N. Gatens, Judge presiding, the plaintiff аppearing in person and by her attorney D. A. Tufts, the State of Oregon appearing by District Attorney and the defendant appearing not either in person or by attorney and a default having heretofore duly entered against defendant and the Court having heard the evidence in support of the premises and having filed with the clerk of this Court Findings of Fact and Conclusions of Law it is found and declared that thе plaintiff is entitled to a Decree of Divorce from the defendant, upon the grounds of desertiоn.
“Now therefore based on said Findings of Facts and Conclusions of Law it is considered, ordered, adjudged and decreed as follows to wit:
“I.
“That the bonds of matrimony heretofore and now existing between the plaintiff and defendant be and the same are hereby set aside, dissolved and forever held for nаught.
*151 “II.
“That the plaintiff be paid the sum of $20.00 per month as alimony, by the defendant, for the care and supрort of herself. ’ ’
There was no recital in the original decree as presented in the transcript, and there is no allegation in respondent’s complaint, showing that the Oregon court had jurisdiction оf the party defendant in the action therein, to wit, Edwin S. Platts, deceased.
The appellant assigns sеveral errors, among others that the court erred in overruling defendant’s demurrer to the plaintiff’s cоmplaint, the same being a general demurrer on the insufficiency of the facts in the complaint to state a cause of action, the certified copy of the Oregon judgment being attached to the complaint as an exhibit.
The power to award permanent alimony on granting a divorce is statutory. (De Vall v. De Vall,
While there is authority sustaining respondent’s contention that a foreign decree awarding alimony is enforceable in another state, those decisions are all based upon the proposition that the court awarding the decree granting the alimony had jurisdiction of the subject matter and the parties. (Ex parte McMullin,
“When a court of general jurisdiction takes cognizance of a cause pursuаnt to statutory authority and not in conformity with the principles of the common law, such tribunal becomеs an inferior court and its proceedings in such cases are subject to all the incidents applicable to a court of that kind,
This rule is well recognized in other jurisdictions.
“If the authority to render the judgment is given by statute, and the proceedings are not according to the course of the common law, there is no presumption in favor of the judgment, and, if the record fails to show the existence of all the facts necessary to give the court authority to render it, the judgment is of no effect. Galpin v. Page,
The complаint therefore did not state a cause of action, and the demurrer should have been sustained. (State v. Grimm,
The judgment of the lower court should therefore be reversed and the cause remanded, with instruсtions to permit respondent to amend her complaint, if she so desires.
— The above and foregoing opinion has been examined and is hereby adopted in whole as the opinion of the court, and it is so ordered. Costs awarded to appellant.