Albert

Albert v. Albert

Good Law
130 Cal. App. 465·1933 Cal. App. LEXIS 885·20 P.2d 116
Court of Appeal of CaliforniaMarch 21, 1933Docket No. 8672.California1,104 words

Opinion

Lead Opinion

Dooling, J.

In this appeal from an interlocutory decree of divorce granted on the ground of defendant ’s wilful desertion, two points are urged for reversal: 1. That there was no proof of the jurisdictional facts of plaintiff’s residence in the state and the county in which the action was commenced and, 2. That there was not sufficient corroboration of plaintiff’s evidence of defendant’s desertion.

The jurisdictional facts of plaintiff’s residence were alleged in the complaint and these allegations were not denied in the answer. This, under the settled rule, did-not dispense with proof of these allegations, but it did lend color to respondent's claim in this court that the failure to offer more definite proof on the subject than appeared in the record was due to respondent’s oversight. Respondent made a motion to take additional testimony in support of the finding of residence which this court granted. (Code Civ. Proc., sec. 956a.) This evidence is now before us and' shows without conflict that respondent was a resident of the state of California and the county of San Bernardino at the time this action was commenced by him in that county and for many years continuously prior…

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