Smith v. Smith

This is an appeal from a judgment in an action for divorce. The controversy respects a division of the community property. The issues on appeal concern the sufficiency of the evidence to sustain a finding of the value of a community asset, alleged prejudice of the trial judge, and claimed error in an order denying the plaintiff’s motion for a new trial. The plaintiff in the action, who is the appellant herein, was the wife of the defendant, who is the respondent herein. Under appropriate pleadings, the court entered judgment granting a divorce to both parties; dividing the community property equally between them; and awarding the plaintiff alimony for two years.

During the marriage, the defendant husband was the San Diego County general agent of a life insurance company. Prior to marriage, the plaintiff had been a licensed insurance saleswoman actively engaged as such for the same company. The contract between the defendant and his company, which bears date of June 1, 1949, provided for the payment to him of a commission upon the issuance of a policy of insurance through his agency and upon the annual renewal thereof to and including the 10th year; fixed the commissions so…