Johnson v. Johnson
Opinion
Lead Opinion
Herndon, J.
William Harper Johnson appeals from “that portion of a judgment of the Superior Court of San Luis Obispo County granting respondent an interlocutory decree of divorce and awarding her alimony, and from an order after judgment awarding respondent attorney’s fees and costs on appeal. ’ ’
Appellant’s basic contention is that the trial court erred in failing to give full faith and credit to a decree of divorce which he previously had obtained in the State of Nevada.
On February 4, 1964, respondent filed the instant action. She charged appellant with extreme cruelty and prayed for a decree of divorce, custody of minor children, division of community property, support money for herself and her .children, attorney’s fees and costs. On August 24, 1964, appellant filed his answer denying respondent’s allegations of cruelty and by way of affirmative defense alleged that on October 17, 1963, a decree had been entered in a Nevada court “by the terms of which defendant herein was granted a divorce from plaintiff herein and was awarded the care, custody, and control of the minor children-born of the marriage. ” • '