Murphy v. Murphy

This is a proceeding in the nature of an action to renew a judgment for maintenance of a dependent daughter, and to declare said judgment to be a lien upon certain real property standing in the name of the wife of the judgment debtor. The appeal is from part of the judgment only which holds that the statute of limita tions has barred the first two installments of the original judgment, and for failure on the part of the trial court to declare the judgment a lien upon the real property described in the complaint; and for failure to award plaintiff her costs and counsel fees. The appeal is from the judgment-roll alone. No evidence is before this court.

A demurrer was sustained as to the defendant Alice K. Murphy without leave to amend. From the judgment of dismissal entered pursuant thereto the plaintiff appealed. On appeal that judgment of dismissal was affirmed. ( 57 Cal. App. 182 [ 207 Pac. 43 ].) The material portions of the complaint here involved appear in that opinion of this court.

The plaintiff is the daughter of the defendant S. S. Murphy. In an action for maintenance under the provisions of section 206 of the Code of Civil Procedure of the state of California, filed…