Cain v. Cain

OPINION

EASLEY, Justice.

Plaintiff-appellant, Barbara A. Cain (Mrs. Cain), sued defendant-appellee, William J. Cain (Mr. Cain) for accrued alimony. Prom an adverse trial court decision on the ground of laches, she appeals. We reverse.

This suit being based on a California divorce decree, the controlling issue is whether the California statute proscribing retroactive cancellation of accrued alimony applies.

Mrs. Cain was granted $165 per month as alimony in a 1958 decree. Mr. Cain made no payments. He claims that he thought the obligation was to last only one year. Mrs. Cain made no effort to…