Barron v. Barron

Citations

• 7 Cal. Unrep. 345
• 96 P. 273
• 1908 Cal. LEXIS 579

Syllabus

<p>Divorce—Interlocutory Decree—Vacation and Dismissal.—After six months prescribed by Civil Code, section 131, and Code of Civil Procedure, section 473, within which appeal may be taken from or attack by other means inaugurated against an interlocutory judgment of divorce by default, has expired, plaintiff cannot, on an ex parte application, have the same set aside and the suit dismissed before expiration of the year during which such judgment must be in existence, under section 131, preceding entry of final judgment.1</p> <p>Divorce—Interlocutory Decree—Waiver of Bight to Divorce.— An interlocutory judgment of divorce provided for by Civil Code, section 131, which becomes final by the lapse of six months from entry without appeal or motion to set it aside, merely establishes conclusively plaintiff’s rights to a divorce, and it does not necessarily follow that he or she may not waive the exercise of such right and dismiss the action.</p>