(DOWNLOAD) "Morganti v. Morganti" by Third Appellate District District Court Of Appeal Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Morganti v. Morganti
- Author : Third Appellate District District Court Of Appeal Of California
- Release Date : January 20, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
reasonable ability to support him for the remainder of his life expectancy or that he had sufficient property to provide such support as required by section 108 of the Civil Code. To the contrary it was affirmatively alleged that she did not have such financial ability. The defendant husband, appearing through the district attorney, interposed a general demurrer to the complaint predicated upon the failure of the complaint to so allege. The trial court overruled the demurrer upon the ground that the foregoing requirement contained in said section is unconstitutional. The defendant then filed an answer denying the allegations set forth in the complaint and alleging as an affirmative defense that neither plaintiff nor defendant had property sufficient to provide for the support of defendant during the rest of his life expectancy. Upon the issues thus raised the cause proceeded to trial. At the conclusion of plaintiffs case defendants motion for nonsuit was denied. The findings of fact were generally that the allegations of the complaint and of defendants separate defense were true. Thereafter judgment was entered granting plaintiff an interlocutory decree of divorce, which decree further provided in the last paragraph thereof: "It Is Further Ordered, Adjudged, and Decreed that plaintiff shall not be required to support defendant at the Mendocino State Hospital."