Dolgoff

Dolgoff v. Dolgoff

Good Law
1947 Cal. App. LEXIS 1036·81 Cal. App. 2d 146·183 P.2d 380
Court of Appeal of CaliforniaAugust 1, 1947Civ. 7377California2,249 words

Opinion

Opinion

Thompson, J.

J.—The plaintiff has appealed from an order in a divorce proceeding for maintenance of an infant child, which was made upon application of the defendant, after an interlocutory decree of divorce had been, rendered against her.

Plaintiff and defendant were married January 24, 1941. They resided in Yolo County. A son was born as the issue of the marriage. He was named Stephen, and was about three years of age at the time of the commencement of the divorce case. The plaintiff became a member of the armed forces and was absent from their home for several years. The defendant and their infant child went to Nevada, where they established a residence. When the plaintiff returned, he commenced suit in Yolo County for divorce on the ground of extreme cruelty. The complaint was filed November 14, 1945. The defendant appeared and answered the complaint, denying the alleged cruelty, and asked for custody of and maintenance for the child. She also filed a cross-complaint asking for a divorce on the ground of cruelty. A demurrer to the cross-complaint was sustained with leave to amend it. The amendment was not filed. The defendant was not present at the time of trial. But she submitted herself…

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