De Godey v. Godey

Citations

• 39 Cal. 157

Syllabus

<p>Decebe of Divoboe.—Res Adjudicata. —If, in an action for a divorce, the decree awarding it does not determine any disposition of the community property, and no such question he presented for decision -by the pleadings, it will not conclude the parties, or either of them, in respect of their claims to such property.</p> <p>Idem.—Jurisdiction.—Any other Court, than the one rendering the decree of divorce, if otherwise competent, has the jurisdiction to determine the disposition of the community property, under the provisions of the statute.</p> <p>Idem.—If a decree for a divorce, simply, be for the cause of adultery, it does not . follow that the guilty party would be deprived of his or her interest in the community property.</p> <p>Evasive Pleading.—One of the allegations of the complaint was that “the defendant fraudulently transported plaintiff into Kern County, for the purpose of having her served with a copy of the summons and complaint.” The answer to which was as follows : “Defendant denies, and it is not true, that he fraudu. lently transported plaintiff into Kern County for the purpose of having her served with a copy Of the complaint and summons in said aforesaid action. fleZtZ, to be a palpable evasion of, the substance of the charge which it pretended to answer.</p> <p>Practice.—Injunction. — A temporary injunction should not be dissolved on the coming in of the answer, which does not present a full or fair denial of the equities disclosed in the complaint, or which does not deny the principal matters on which the complaint proceeds, at all.</p> <p>Idem.—The general rule, that when an answer fully denies the equities of the com- • plaint the injunction should be dissolved, is not one of universal application; nor does it follow, as a necessary legal conclusion, that the injunction be dissolved on the coming in of such an answer.</p> <p>Idem. —When the Court below has seen proper to continue an injunction in force until the hearing of the case, its deter