Carmichael

Frank Carmichael has appealed from an interlocutory decree of divorce granted his wife, Doris Carmichael, for extreme cruelty.

No attack is made on the sufficiency of the evidence to sustain the finding of extreme cruelty so it is unnecessary to set forth the evidence relating to that issue.

The first major contention of appellant is that the trial court failed to give full faith and credit to a decree of divorce granted Prank in Nevada on October 25, 1960. The evidence shows that around the middle of August 1960 Prank left his marital residence in California and ostensibly went to Nevada where he allegedly established residence.

On September 7, 1960, Doris filed an action for divorce in California. Prank was served the same day. In his answer filed on October 18, 1960, Prank alleged he was a resident of Washoe County, Nevada, and also that an action for divorce was pending in Nevada. (This action was apparently filed on September 29, 1960.) Prank received an ex parte divorce on October 25, 1960. Doris was served in California but did not appear in the Nevada action. At the trial Prank introduced a copy of the Nevada decree in evidence. He testified that he went to Nevada in…