Lane

On August 17, 1928, petitioner was granted an interlocutory decree of divorce from Elbert K. Lane, Jr., by the Superior Court of Fresno County. On October 18, 1929, she moved the respondent court and respondent judge thereof to enter a final decree of divorce, which motion was not granted. She thereupon instituted an original proceeding in this court to secure a peremptory writ of mandate to compel respondents to enter such final decree. On their return to the alternative writ, the respondents filed a general demurrer, thereby admitting the truth of the allegations of the petition for the purpose of this hearing, and upon these pleadings the cause was submitted for decision.

Prior to the motion to have made and entered her final decree of divorce, petitioner served on her husband a copy of her notice of motion and a copy of her supporting affidavit. He did not appear or contest the motion. The material parts of her affidavit are as follows:

The foregoing affidavit substantially sets forth the material facts before us, and upon these facts we must determine whether or not the writ of mandate shall issue. Two questions immediately present themselves for our consideration, namely,…