Helbush
Helbush v. Helbush
Opinion
Lead Opinion
Cosgrave, J.
Plaintiff brings this bill in equity in which she charges that on June 27, 1924, she obtained an interlocutory decree of divorce against defendant, then her husband, in the superior court of the state of California, in and for the city and county of San Francisco; that in August, 1924, she condoned the offense of the defendant on which the divorce had been obtained, and the parties again began living together; that this continued until January 3, 1929, when defendant deserted her; that on April 10,1929, defendant sought and obtained the entry in the trial court of a final decree of divorce without any notice to her of any kind and without her consent; that she moved in the trial court to set aside the final decree on the ground that no notice had been given her of defendant’s intention to have the same entered;- that the offense of defendant, on which the interlocutory decree was based, had been condoned, and the court was without jurisdiction to enter the decree; that the trial court on May 7, 1929, after a hearing, denied her motion, and she then prosecuted an appeal to the Supreme Court of California from the ruling of the trial court, and the Supreme Court on July 15, 1930,…