Avard Warren Ostrom v. Daisy Krause Ostrom

Good Law
231 F.2d 193·1955 U.S. App. LEXIS 3630
United States Court of Appeals for the Ninth CircuitSeptember 26, 195519-1318California1,046 words

Opinion

Opinion

Fee, J.

Plaintiff commenced this proceeding in the United States District Court for the District of Arizona for the purpose of enforcing defendant to comply with all the terms and conditions of an interlocutory decree of divorce entered by the Superior Court of San Diego County, California, and requiring defendant to do personal acts and praying for a writ of ne exeat forbidding him to leave Arizona. The District Court issued the writ of ne exeat, and, after a stipulation of facts had been filed, entered findings of fact, conclusions of law and a judgment directing defendant to do certain acts and to execute certain documents. From this judgment defendant has appealed.

Avard Warren Ostrom brought suit for divorce against Daisy Krause Ostrom in the Superior Court of the State of California in and for the County of San Diego. After hearing, an interlocutory judgment of divorce was granted to Daisy Krause Ostrom, and Avard Warren Ostrom was ordered to do certain acts and to turn over certain property. It is clear that the judgment was not final and that the court reserved power to modify it or to make changes prior to the final entry. These paragraphs of the interlocutory judgment indicate…

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