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eBook details

• Title: Nelson v. Nelson
• Author : Supreme Court Of California In Bank
• Release Date : January 21, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

WASTE, C.J. Plaintiff procurred an interlocutory decree of divorce from the defendant on March 4, 1932, on the ground of extreme cruelty. On January 8, 1934, the defendant, without plaintiffs knowledge, procured the entry of the final decree. In support of his application therefor he filed the usual and necessary affidavit reciting that there had been no condonation or reconciliation subsequent to the entry of the interlocutory decree. Upon her discovery of the entry of the final decree and approximately five months after its entry, the plaintiff filed her petition to have the final decree of divorce set aside on the ground that the parties had become reconciled and had cohabited and lived together as husband and wife in the interim between the entry of the two decrees. After hearing before the court, sitting without a jury, it was found, upon conflicting evidence, that the defendant had "fraudulently and contemptuously concealed from the court the fact that the plaintiff and the defendant had, since the granting of said interlocutory decree . . . become reconciled and had lived and cohabited to ge ther as husband and wife", and that the defendant had "resorted to fraud and misrepresentation to secretly secure said final decree of divorce without the knowledge of the plaintiff after a legitimate

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