Barron v. Barron
California Supreme Court
APPEAL from Superior Court, City and County of San Francisco; P. H. Kerrigan, Judge. Action for divorce by Rita A. Barron against George H. Barron. Prom an order denying a motion by plaintiff to dismiss a motion by defendant to set aside and vacate an order on motion of plaintiff, setting aside and vacating an interlocutory judgment for plaintiff, and from an order granting the motion of defendant sought to be dismissed, plaintiff appeals.
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APPEAL from Superior Court, City and County of San Francisco; P. H. Kerrigan, Judge. Action for divorce by Rita A. Barron against George H. Barron. Prom an order denying a motion by plaintiff to dismiss a motion by defendant to set aside and vacate an order on motion of plaintiff, setting aside and vacating an interlocutory judgment for plaintiff, and from an order granting the motion of defendant sought to be dismissed, plaintiff appeals. On affirmance by the district court of appeal, plaintiff appeals. , The following is the opinion of Hart, J. (concurred in by Chipman, P. J., and Burnett,…
1Per curiam
In denying the petition for a rehearing of this cause we are not to be understood as approving that part of the opinion of the district court of appeal which implies that, after an interlocutory decree of divorce has become final by the lapse of six months from its entry without appeal or • motion to set it aside, the plaintiff has not the right to dismiss his or her action at any time before the entry of a final decree. The interlocutory decree, when final, merely establishes conclusively the right of the plaintiff to a divorce. It does not necessarily follow that he or she may not waive the…
2Cited by5 opinions
- Olson v. Superior CourtCalifornia Supreme Court · 1917
- Butler v. BolingerLouisiana Court of Appeal · 1931
- Reed v. ReedCalifornia Court of Appeal · 1909
- State ex rel. Morris v. Superior CourtWashington Supreme Court · 1924
- Radermacher v. SutphenIdaho Supreme Court · 1939