Legal Opinion

Russell v. Russell

California Court of Appeal

Decided November 27, 1912No. Civ. No. 1009PublishedCited by 18 opinions

APPEAL from an order of the Superior Court of Fresno County modifying a final decree of divorce as to the custody of a minor child. H. Z. Austin, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtChipman, P. J.

This is an appeal from an order made after final judgment in a divorce proceeding, modifying the final decree affecting the custody of a minor child.

An interlocutory decree of divorce was duly made and entered July 1, 1909, in favor of plaintiff on the ground of extreme cruelty, which was made final on July 2, 1910. Pending the trial of the cause the parties entered into an agreement concerning their property rights in which they also agreed that each should have the “care, custody and maintenance of” their minor child, Dewitt Russell, six months of each year, during his minority. The…

2Cases cited3 opinions

  1. Crater v. CraterCalifornia Supreme Court · 1902
  2. Black v. BlackCalifornia Supreme Court · 1906
  3. Miller v. HigginsCalifornia Court of Appeal · 1910

3Cited by18 opinions

  1. Puckett v. PuckettCalifornia Supreme Court · 1943
  2. Griffin v. GriffinOregon Supreme Court · 1920
  3. Spaulding v. SpauldingSouth Dakota Supreme Court · 1979
  4. Simmons v. SimmonsCalifornia Court of Appeal · 1913
  5. State Ex Rel. Hannon v. EislerWisconsin Supreme Court · 1955

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