Newby v. Newby
California Court of Appeal
APPEAL from a judgment of the Superior Court of San Bernardino County. Bex B. Goodcell, Judge. Affirmed and reversed. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Defendant appeals from the judgment-roll alone from an interlocutory decree of divorce granted plaintiff upon the ground of alleged cruelty.
[1] The contention is that the court failed to find upon material issues, in that defendant alleged desertion on the part of the plaintiff. In support of the judgment, we must presume, in the absence of the evidence brought up in the record, that no testimony was offered touching such issue, as to which there is no finding.
[2] Conceding that at the time when the acts of cruelty were committed by defendant the parties were living separate and apart from…
2Cases cited3 opinions
- Campbell v. WrightCalifornia Supreme Court · 1900
- Guardianship v. MathewsCalifornia Supreme Court · 1914
- In Re the Guardianship of the Person & Estate of MathewsCalifornia Supreme Court · 1917
3Cited by28 opinions
- Roche v. RocheCalifornia Supreme Court · 1944
- Stever v. SteverCalifornia Supreme Court · 1936
- Blow v. LottmanSouth Dakota Supreme Court · 1953
- In re WhiteCalifornia Court of Appeal · 1942
- Shea v. SheaCalifornia Court of Appeal · 1950
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