Saunders

Saunders v. Saunders

Good Law
173 Cal. App. 2d 557·1959 Cal. App. LEXIS 1621·343 P.2d 613
Court of Appeal of CaliforniaSeptember 8, 1959Civ. No. 23737California304 words

Opinion

Lead Opinion

Nourse, J.

By her complaint in this action plaintiff and appellant sought to have vacated and set aside a final and interlocutory decree of divorce granted to her husband upon the ground that at all times during the pendency of the action for divorce she was of unsound mind and *558 therefore incapable of defending the action brought against her by her husband and that these facts were known to her husband and concealed from the court. The trial court found that plaintiff was not mentally incompetent or of unsound mind during the time in question and that the defendant did not conceal any facts from the court in the divorce action. It further found that plaintiff was not mentally incompetent at the time of signing the property agreement.

Plaintiff appeals from the judgment and assigns as the sole ground of error the insufficiency of the evidence to support the findings. We have carefully studied the record and while there was some conflict in the evidence as to plaintiff’s mental competency there was substantial evidence that she was at all times competent and this being so this court will not disturb the judgment of the trial court as it is the province of the trial court and not this…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.