Kopasz

Defendant appeals from a decree of separate maintenance awarded to his wife Edith on the grounds of the husband’s cruelty and desertion. He set up as an affirmative defense to the action a purported divorce decree he had previously obtained in the State of Nevada on July 3, 1945. This defense was rejected. The Nevada decree was held to be invalid and of no force or effect on the theory that the Nevada court was without jurisdiction. Such determination was based upon the trial court’s finding that appellant had never established a bona fide domicile in our sister state.

Appellant contends that the finding is unsupported by the evidence. Thus the primary issue is whether there is sufficient, substantial evidence in the record that will support the judgment. It is a truism that a finding on the issue of domicile, based upon conflicting evidence, is conclusive upon this court. (Re Winzeler’s Estate, 42 Cal.App.2d 246, 249 [ 108 P.2d 720 ]; Estate of Peters, 124 Cal.App. 75, 77 [ 12 P.2d 118 ].)

Appellant and respondent have known each other since 1939 in New York. They were married November 5, 1942, at appellant’s army station in Colorado. After residing in Denver with her husband…