Sell

Sell v. Sell

Good Law
11 Cal. Rptr. 314·189 Cal. App. 2d 389·1961 Cal. App. LEXIS 2190
Court of Appeal of CaliforniaFebruary 23, 1961Civ. No. 19539California796 words

Opinion

Lead Opinion

Stone, J.

This is an appeal from an order denying defendant-appellant’s motion to vacate and set aside interlocutory and final decrees of divorce.

Defendant’s wife secured an interlocutory decree of divorce April 23, 1957. The plaintiff wife owned the family home and defendant remained there for three weeks after the interlocutory had been entered. He then moved into separate quarters, but after two months returned to the family home. Defendant *390 and his wife continued to live together without incident for approximately 20 months, when defendant accused one Elizabeth Griffith of talcing $7,000 from his wife. An altercation ensued between defendant and Mrs. Griffith and as a result defendant was placed in custody for 30 days upon a charge of assault. While defendant was in custody, Elizabeth Griffith called the wife’s attorney, requesting him to enter the final decree of divorce. The attorney, however, first telephoned the wife and questioned her about the reconciliation since he knew that she and defendant had lived together after the entry of the interlocutory. The wife’s attorney testified:

During the 30 days the defendant was in custody his wife moved into a rest home, but upon his…

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