Legal Opinion

Krause v. Krause

California Court of Appeal

Decided May 18, 1966No. Civ. No. 28864Published

1Opinion of the CourtKingsley, J.

The sole issue raised on this appeal relates to the construction and effect of section 426b of the Code of Civil Procedure.

Plaintiff wife filed suit for divorce, alleging extreme cruelty in general terms. Defendant husband duly filed his demand, pursuant to section 426b of the Code of Civil Procedure, for a more specific statement of the acts of cruelty relied on.1 Fifteen days later, plaintiff filed her amended complaint, setting out sundry specific acts. Nine days thereafter, defendant answered, denying the acts as alleged and alleging also that “plaintiff by failing to comply with C. C. P.…

2Cases cited4 opinions

  1. McCarthy v. Mt. Tecarte Land & Water Co.California Supreme Court · 1896
  2. Silva v. BairCalifornia Supreme Court · 1904
  3. Benson v. Superior Court of Napa CountyCalifornia Court of Appeal · 1963
  4. Heller v. HellerCalifornia Court of Appeal · 1948

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