Gelfand

Gelfand v. Gelfand

Good Law
136 Cal. App. 448·1934 Cal. App. LEXIS 1016·29 P.2d 271
Court of Appeal of CaliforniaJanuary 27, 1934Docket No. 5037.California3,041 words

Opinion

Lead Opinion

Plummer, J.

In this action, prosecuted by the plaintiff to obtain an interlocutory decree of divorce and an award of community property, the plaintiff had judgment granting the prayer of her complaint in so far as the marriage relation theretofore existing between the plaintiff and the de fendant was dissolved, bnt in its decree the court found that there was no community property, and from this portion of the decree the appellant’s argument is. directed. The appellant also presents an appeal from the order of the court denying her motion for a new trial. As no appeal lies from such an order, that portion of the appeal is hereby dismissed.

The notice of appeal also purports to include that portion of the decree awarding an interlocutory judgment of divorce. As no reason is presented for setting aside or annulling that portion of the decree, an examination of the record discloses no reason for disturbing the same, and the interlocutory decree of divorce, in so far as it purports to dissolve the marriage relation theretofore existing between the plaintiff and the defendant, is hereby affirmed.

The record shows that the plaintiff and defendant intermarried on or about the fifth day of April,…

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