[Download] "Miller V. Miller" by Supreme Court Of California # Book PDF Kindle ePub Free

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eBook details

• Title: Miller V. Miller
• Author : Supreme Court Of California
• Release Date : January 06, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

On December 8, 1941, plaintiff procured an interlocutory decree of divorce from defendant. The decree provided that defendant, a schoolteacher, should pay to plaintiff $40 a month for her support and maintenance and $20 a month for the support and maintenance of the minor child of the parties, custody of whom was awarded to plaintiff. The decree further provided that defendant was to pay for all reasonable and necessary medical and dental care and treatment of the child. At the time of entry of the interlocutory decree, the child was two years of age and suffered from asthma. On January 18, 1943, defendant procured entry of the final decree upon presentment of an affidavit averring that he had fully complied with the provisions of the interlocutory decree and was not in default thereof. This affidavit was executed in Oregon where defendant was then stationed in the Army of the United States. In June, 1943, plaintiff moved to set aside the final decree on the ground that it had been procured by fraud in that at the time of its entry defendant, contrary to his affidavit, was in default in the payments required by the interlocutory decree. On June 21, 1943, less than six months after its entry, the trial court granted the motion and set aside the final decree for fraud in its procurement. Defendant has appealed from the vacating order.

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