Hite v. Hite

Citations

• 6 Cal. Unrep. 216
• 55 P. 900
• 1898 Cal. LEXIS 1081

Syllabus

<p>Divorce—Alimony—Evidence of Marriage.—Plaintiff and defendant in an action for divorce had never been regularly married. There was evidence that defendant furnished plaintiff a house for her residence, and lived with her there for about twenty-five years, and supplied her with necessaries of life, and that a child was born to them; that they were known as husband and wife, and held themselves out as such; and that he treated her son by another man as his stepson. These facts were corroborated by the stepson’s affidavit. Counter-affidavits by neighbors denied them, and attacked the reputation for veracity and credibility of the affiants to those facts. Held, a sufficient prima facie showing of marriage to support an order of the court below for payment of alimony and counsel fees.</p> <p>Witness—Impeachment.—Where the Court Below has Made a Finding in conformity with a witness’ testimony, it is only in exceptional instances that such witness’ testimony will on appeal be held to have been impeached by the testimony of others.</p>