Coward

Coward v. Coward

Good Law
1935 Cal. LEXIS 436·3 Cal. 2d 340·44 P.2d 358
Supreme Court of CaliforniaApril 22, 1935S. F. No. 15127California329 words

Opinion

Lead Opinion

Curtis, J.

Appeal from an order denying motion by the defendant husband to set aside an interlocutory and final decree of divorce upon the ground that said decrees had been obtained by fraud of the plaintiff wife in that the parties had become reconciled in the interim between the trial of the action and the entry of the interlocutory decree and in the interim between the entry of the interlocutory decree and the entry of the final decree. The husband in an affidavit filed on behalf of said motion alleges that the plaintiff and defendant lived together as husband and wife subsequent to the trial of the divorce action and prior to the entry of the interlocutory decree of divorce; that while they were continuing to live together as husband and wife, subsequent to the entry of the interlocutory decree of divorce, the wife obtained the entry of the final decree without the knowledge and consent of the defendant; and that she perpetrated a fraud upon the court by filing an affidavit to the effect that the parties had not become reconciled whereas in fact they had become reconciled and had been living together as husband and wife for over two years prior to the entry of the final decree. The…

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