Ponzi

Ponzi v. Ponzi

Good Law
157 Cal. App. 2d 772·1958 Cal. App. LEXIS 2305·321 P.2d 847
Court of Appeal of CaliforniaFebruary 21, 1958Civ. 5707California2,681 words

Opinion

Opinion

Mussell, J.

In the first cause of action herein, for separate maintenance, it was alleged that the parties were married in the city of Quartzsite, Arizona, on February 26, 1950; in the second cause of action that they were married during the month of May, 1951, by common law in Tulsa, Oklahoma; and in the third cause of action that they were married by common law in May and June, 1951, in the state of Texas. Inability of plaintiff to support herself was alleged in each cause of action and attorney’s fees, costs and an allowance for support were sought. It was further alleged that the parties entered into an agreement on April 16, 1954, wherein defendant agreed to pay certain encumbrances on plaintiff’s property, amounting to approximately $5,950.

Defendant filed an answer in which he admitted entering into a marriage ceremony with plaintiff on February 26, 1950, but alleged that the marriage was null and void for the reason that plaintiff was then married to one Joseph Andrew Carmine. Defendant denied that common law marriages were effected in Oklahoma or Texas, as alleged in the complaint. He also filed a cross-complaint in which he stated a cause of action for divorce, alleging that the…

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