Fagan v. Fagan

This is an appeal by the plaintiff and appellant Shirley Dorothy Fagan, a minor, from a judgment in favor of the defendant and respondent James J. Fagan, Jr., after an order sustaining a general demurrer without leave to amend.

The sole question involved on this appeal is whether or not the first amended complaint contained facts sufficient to constitute a cause of action against the defendant and whether or not the lower court erred in refusing permission to file a second amended complaint.

The first amended complaint shows that respondent and his wife were divorced prior to 1933; that there…