Wallace

Wallace v. Clothier

Good Law
1926 Cal. App. LEXIS 445·77 Cal. App. 556·247 P. 260
Court of Appeal of CaliforniaApril 24, 1926Docket No. 5560.California452 words

Opinion

Lead Opinion

Langdon, J.

This is an appeal by the defendant from a judgment granting the plaintiff a divorce. Since the interlocutory decree of divorce was entered, plaintiff has been judicially declared to be an incompetent person and his guardian has been substituted in his place and stead in this action.

Appellant contends that the record contains no corroboration of the plaintiff’s testimony upon which the divorce was granted. A reading of the record convinces us of the correctness of this contention. The plaintiff testified that just prior to the separation of himself and wife, they were living together at Long Beach, California. He was not working because of illness and had never worked during the period of the marriage. His wife assisted in maintaining the household by' keeping boarders and taking in washing. One of these boarders was a man named Miller. Mrs. Clothier sold the house in which they were living and when she was about to move, she asked her husband to make' arrangements for hauling the furniture. lie did so, protesting that he did not wish Miller to continue as a boarder or move into the new house. Mrs. Clothier said Miller was to move with them, and, according to plaintiff, suggested…

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