Hite v. Hite

Citations

• 124 Cal. 389
• 45 L.R.A. 793
• 57 P. 227
• 1899 Cal. LEXIS 1005

Syllabus

<p>Divorce—Alimony—Issue as to Marriage—Prima Facie Case—Preponderance oe Proof.—In an action for a divorce, where alimony pendente lite is sought by the alleged wife, and the marriage is put in issue by the alleged husband, it is not sufficient to justify the allowance of alimony that the plaintiff should make merely a prima facie case as to the existence of the marriage, regardless of any counter-showing by the husband, but the court must be satisfied from the preponderance of the entire evidence that the plaintiff is the wife of the defendant, before any alimony can be allowed.</p> <p>Id.—Review upon Appeal—Abuse of Discretion.—Where the superior court has allowed alimony, counsel fees, and expenses of suit, upon the theory that it is sufficient that a prima facie case be made by the plaintiff, upon the issue as to the existence of the marriage, and it is evident that the preponderance of the entire proof presented by both parties is against the fact of marriage, the allowance made is an abuse of discretion, and will be reversed upon appeal.</p>