Michelman v. Frye

A declaratory relief action was filed by the Trustee in Bankruptcy of Theodore J. Frye, alleging the invalidity of a declaration of homestead made by Mrs. Frye on the ground that she was not physically occupying the premises and her declaration fails to state that she was residing thereon. Each party filed a motion for summary judgment; in addition, plaintiff filed motion for judgment on the pleadings. The court denied plaintiff’s motions, and granted defendant’s motion for summary judgment; plaintiff appeals from the judgment entered on the order, claiming the trial court’s error in granting…