Page v. Superior Court
California Supreme Court
Application for a writ of certiorari. On the 30th of July, 1886, the petitioner brought an action for divorce against his wife, Emily C. Page. The defendant answered on the 3d of December, 1887, without claiming any affirmative relief, but praying for alimony and costs.
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Application for a writ of certiorari. On the 30th of July, 1886, the petitioner brought an action for divorce against his wife, Emily C. Page. The defendant answered on the 3d of December, 1887, without claiming any affirmative relief, but praying for alimony and costs. On the 15th of December, 1887, the court made an order awarding her alimony and counsel fees, which order was on the 3d of January, 1888, set aside, and the motion for alimony set for hearing on the 23d of January, 1888. On the 6th of January, 1888, the plaintiff filed a dismissal of the action with the clerk, and an entry of…
1Opinion of the Court
The Court.
The record of the action for divorce, wherein the petitioner is the plaintiff and Emily C. Page is the defendant, having been brought here by certiorari, the petitioner prays that certain orders of the superior court (relating to alimony and counsel fee) be declared null, because they were made after an entry in the clerk’s “register of actions” dismissing the action for divorce.
The register of actions is a book in the possession and under the control of the clerk, and in the absence of evidence to the contrary, all entries in the book are presumed to have been made by the clerk.…
2Cases cited1 opinion
- James v. CenterCalifornia Supreme Court · 1878
3Cited by14 opinions
- Barnes v. BarnesCalifornia Supreme Court · 1892
- Goldborten v. ScottCalifornia Court of Appeal · 1932
- Hopkins v. Superior CourtCalifornia Supreme Court · 1902
- Consolidated Construction Co. v. Pacific Electric RailwayCalifornia Supreme Court · 1920
- Acock v. HalseyCalifornia Supreme Court · 1891
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