Leslie
Leslie v. Leslie
Opinion
Opinion
Files, J.
In this action for annulment of marriage, the trial court gave judgment for plaintiff, declaring that the marriage which the parties entered into on June 9, 1950, was void by reason of an undissolved prior marriage of the defendant. The judgment also awarded custody of the three minor children of the parties to plaintiff and ordered defendant to pay child support, attorney fees, and a psychiatrist’s fee.
Although defendant’s notice of appeal states that he 11 appeals from the judgment,” the only point he makes is that the evidence is insufficient to support the decision that the 1950 marriage was void. Irrespective of the dissolution of the marriage it was proper for the court to make its order awarding custody of the children to the mother and providing for their support. (Civ. Code, § 199.) Those portions of the judgment require no further discussion, and we confine our opinion to the subject of the annulment.
Findings of fact were waived in the trial court and thus we are left without any guide to the reasoning process of the trial court other than the judgment itself. Since all intendments favor the judgment, it follows that if the trial court could have inferred from the…