Legal Opinion

Parkhurst v. Parkhurst

California Supreme Court

Decided September 4, 1897No. S. F. No. 418PublishedCited by 16 opinions

APPEAL from an order of the Superior Court of Santa Clara County refusing to modify a decree of divorce. W. G. Lorigan, Judge. The facts are stated in the opinion. The decree of diyorce does not sever the relation of parent and child, or the responsibility of the father for the maintenance of his children, and/ the decree may be modified to require such maintenance.

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APPEAL from an order of the Superior Court of Santa Clara County refusing to modify a decree of divorce. W. G. Lorigan, Judge. The facts are stated in the opinion. The decree of diyorce does not sever the relation of parent and child, or the responsibility of the father for the maintenance of his children, and/ the decree may be modified to require such maintenance. (2 Bishop on Marriage and Divorce, secs. 1212,1213; Plaster v. Plaster, 47 Ill. 290; Wilson v. Wilson, 45 Cal. 399; Erkenbrach v. Erkenbrach, 96 N. Y. 456; Pretzinger v. Pretzinger, 45 Ohio St. 452; 4 Am. St. Rep. 542; Washburn v.…

1Opinion of the Court

SEARLS, C.

This is an appeal by the defendant from an order of the superior court in and for the county of Santa Clara, refusing to modify a decree of divorce, and to allow defendant one hundred dollars per month for the care, custody, and maintenance of Herbert N. and Minnie A. Parkhurst, aged seventeen and fifteen years respectively, the children of the parties hereto.

The cause was heard in the court below upon the affidavits of the parties and of sundry other persons, and upon oral testimony taken in open court.

Written findings were filed, from which it appears, among other things, that by…

2Cases cited1 opinion

  1. Wilson v. WilsonCalifornia Supreme Court · 1873

3Cited by16 opinions

  1. Puckett v. PuckettCalifornia Supreme Court · 1943
  2. Lewis v. LewisCalifornia Supreme Court · 1917
  3. Soule v. SouleCalifornia Court of Appeal · 1906
  4. Karlslyst v. FrazierCalifornia Supreme Court · 1931
  5. Keyes v. KeyesIdaho Supreme Court · 1932

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