Legal Opinion · Dissent

Sharon v. Sharon

California Supreme Court

Decided June 29, 1885No. 9984Published

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order awarding alimony and counsel fees. The action was brought to obtain a decree declaring a marriage to exist between the appellant and the respondent, and for a divorce. Judgment ivas rendered in favor of the plaintiff establishing the validity of the marriage, and granting her a divorce.

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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order awarding alimony and counsel fees. The action was brought to obtain a decree declaring a marriage to exist between the appellant and the respondent, and for a divorce. Judgment ivas rendered in favor of the plaintiff establishing the validity of the marriage, and granting her a divorce. Prior to such judgment the trial court made an order requiring the defendant to pay to the plaintiff alimony and counsel fees. The terms of this order are stated in the last head-note. From the judgment…

1DissentMcKee, J.

I dissent. Two appeals have been taken in the case,- one from the final judgment of divorce entered on the 19th of February, 1885, the other from an order made on the 16th of February, 1885, awarding to the plaintiff in the action alimony and counsel fees. To render his appeals effectual appellant has obtained from this court an order requiring respondent to show cause why, pending the appeals, all proceedings upon the judgment and order appealed from should not be *200staid. This rule for a stay of proceedings has been met by a counter-motion to dismiss the appeals, upon two grounds, viz.: That…

2Cases cited40 opinions

  1. Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
  2. Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
  3. Emeric v. AlvaradoCalifornia Supreme Court · 1884
  4. Maguire v. MaguireCourt of Appeals of Kentucky · 1838
  5. People v. MarkhamCalifornia Supreme Court · 1883

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