Kenniston

Kenniston v. Kenniston

Good Law
1907 Cal. App. LEXIS 81·6 Cal. App. 657·92 P. 1037
Court of Appeal of CaliforniaOctober 19, 1907Civ. No. 379.California3,069 words

Opinion

Lead Opinion

Burnett, J.

The appeal is from a judgment of divorce and an order denying the motion for a new trial.

The only point made by appellant that we deem worthy of serious consideration is that there is a want of sufficient corroboration of plaintiff’s testimony to justify the judgment of the court. It is not contested that the plaintiff in 1891 left the defendant in the state of New York, where they had been residing for years; without informing her of whither he expected to go he went to Haverhill, Massachusetts, remaining there only a short time; he then came to Fresno, California, and he has resided there ever since. Defendant was in ignorance of plaintiff’s whereabouts for eight or ten years. She finally applied to the pension department of the government for a portion of the pension which was being paid to plaintiff. Her application was based upon the contention that plaintiff had deserted her. She established her claim to the satisfaction of said department, and, according to its rules and regulations, one-half of said pension was awarded to her. Plaintiff’s opposition to her said application conveyed to her the first intimation of where he was residing. Shortly thereafter, on December 31,…

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