Cushman v. Cushman

Defendant appeals from an interlocutory judgment awarding plaintiff a divorce, custody of and support for the minor child, and $1.00 per month alimony. He seeks modification of the judgment by striking therefrom that portion which orders him to pay alimony; and the sole issue before this court is whether it was error for the trial judge to make such an award. Citing, as controlling, a line of authority beginning with Parker v. Parker, 203 Cal. 787 [266 P. 283], appellant relies upon the long-established rule that where a divorce decree is entered upon a default the relief granted may not…