Hopkins v. Hopkins

I dissent.

I am of the opinion that the trial court properly entered judgment for defendant, and that said judgment is in accord with the decision in Kahn v. Kahn, 123 Cal.App.2d 819 [268 P.2d 151]. I would not disapprove the Kahn ease, as does the majority opinion; and while the case of Worthley v. Worthley, 44 Cal.2d 465 [283 P.2d 19], cited in the majority opinion, is not directly in point, I adhere to the views expressed in my dissenting opinion in that case.

I would affirm the judgment.

Shenk, J., and Schauer, J., concurred.

Respondent’s petition for a rehearing was denied March 28, 1956.…