Marshall v. Marshall

This appeal was taken on the judgment-roll alone. The sole question presented is whether the trial court, after having denied plaintiff a divorce, exceeded its jurisdiction, as defendant contends, in decreeing, in accordance with the allegations of the complaint, that plaintiff was the sole and separate owner of a lot described therein.

*707An analogous situation was before the Supreme Court in the case of Allen v. Allen, 159 Cal. 197 [113 Pac. 160, 162], in an appeal from a judgment rendered in an action to set aside a deed', and it was held that the trial court did not exceed its jurisdiction.…