Slack

Appeal from a summary judgment. Plaintiff and respondent Leila L. Slack (hereinafter referred to as the plaintiff) and defendant and appellant Sheldon Slack (hereinafter referred to as the appellant) were married in the City of Chicago, State of Illinois, on August 18, 1949. They lived together in Cook County, State of Illinois, as husband and wife until the date of their separation on December 8, 1957. There were two children born, the issue of this marriage. In January 1958, the plaintiff filed an action for divorce against appellant in the Superior Court of Cook County in which she charged that the appellant had been guilty of conduct amounting to extreme and repeated cruelty towards her. The appellant was personally served with summons and complaint in this action on January 13, 1958, in the City of Santa Monica, California. The appellant’s reason for being in the City of Santa Monica on this occasion appears, in this declaration in opposition to plaintiff’s motion for summary judgment, to be that he had left his domicile in Tucson, Arizona, and had come to the City of Santa Monica temporarily on a two weeks ’ vacation to visit his father who was a resident of the latter city.…