Moffitt

Moffitt v. Moffitt

Good Law
128 Cal. App. 676·1933 Cal. App. LEXIS 1215·18 P.2d 387
Court of Appeal of CaliforniaJanuary 13, 1933Docket No. 1007.California1,263 words

Opinion

Lead Opinion

Van Zante, J.

This is an appeal by defendant Arthur C. Moffitt from a judgment granting plaintiff Martha Moffitt a decree of separate maintenance, without divorce, on the ground of desertion. These parties intermarried May 10, 1885, and resided together in the state of Indiana for a period of approximately twenty years, or until about the twenty-sixth day of March, 1904, when defendant, with another woman, and without the knowledge or consent of plaintiff, came to- California and lived in this state under the assumed name of C. A. Maple. Here he accumulated considerable property.

In the year 1909, plaintiff came to California and apparently quite by accident discovered defendant’s whereabouts in Los Angeles. She visited his home where he was living with the other woman as husband and wife under the assumed name. Some steps were taken looking toward a reconciliation between the husband and wife but during this same year defendant left Los Angeles and California and lived for a time in the state of Washington. For a period of less than a year he sent plaintiff several letters and some money. Then communication between the parties ceased until in 1927. In the interim plaintiff returned to her…

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