Ogburn

Ogburn v. Ogburn

Good Law
1963 Cal. App. LEXIS 1632·222 Cal. App. 2d 95·34 Cal. Rptr. 800
Court of Appeal of CaliforniaNovember 6, 1963Civ. No. 26642California961 words

Opinion

Lead Opinion

Files, J.

In this divorce action the appeal is from the interlocutory judgment and from an order made on the day before trial denying defendant’s motion for a traveling allowance. The record supports the following statement of facts:

On January 10, 1961, plaintiff, a widower aged 74, married defendant, a widow aged 66, at her home in Kelso, Washington. Por the next 45 days they resided together in plaintiff’s home in Van Nuys, California. During this period plaintiff was obliged to do his smoking in the garage, give up his favorite radio programs, and do the greater part of the housework. Defendant demanded that he give up sleeping in *97 his own bedroom, and when he refused, she removed herself to the back bedroom. Plaintiff worried, suffered stomach trouble and lost 30 pounds. On February 24, 1961, without any warning or discussion, defendant left the marital domicile and flew back to Washington.

Plaintiff next saw his wife on March 23, when she arrived unannounced with her daughter and niece who had brought her back in an automobile to pick up her personal effects. Plaintiff pleaded for a reconciliation but defendant refused to discuss it. The two of them, accompanied by her daughter…

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