Stone v. Stone

The defendant’s demurrer to the amended complaint was sustained with ten days leave to plaintiff to amend. On plaintiff’s failure to amend within the time allowed, judgment was entered in favor of defendant. From this judgment the plaintiff appeals. The sole question presented is whether the amended complaint states a cause of action.

The complaint alleges that prior to December 17, 1919, the parties were husband and wife; that at the time of the commencement of the action for divorce hereinafter referred to, the parties owned community property “consisting of money in bank and bonds and…