Smith v. Smith

Defendant husband appeals from an interlocutory judgment of divorce entered in favor of plaintiff wife. The sole issue is whether the evidence is sufficient to sustain the trial court’s finding that the parties intermarried at Tijuana, Mexico, on July 5, 1947. By stipulation of counsel this issue was separated and tried first.

Respondent testified that she and appellant had known each other for a long time before their marriage; that shortly prior to July 5, 1947, they had gone to Los Angeles to take a blood test in order to obtain a California marriage license (Civ. Code, § 79.01) but had…