113 P. 4 | Or. | 1911
delivered the opinion of the court.
The apparent reason for this statutory requirement is that, when a decree has been rendered by a court of this State, the State is interested in the enforcement of its provisions, and in seeing that no person is prosecuted for contempt in disobeying such decree, except in a proper case. Contempt proceedings, if civil, as in the case at bar, should be instituted in the name of the State upon the relation of a private party. This defect could have been cured by amendment at any time before trial: State ex rel. v. Downing, 40 Or. 314 (58 Pac. 863: 66 Pac. 917). No attempt to amend, however, was made in this case.
The judgment of the lower court is accordingly reversed, and the case remanded, with instructions to sus