[DOWNLOAD] "Wilson v. Wilson" by First Appellate District, Division Two District Court Of Appeal Of California # Book PDF Kindle ePub Free
eBook details
- Title: Wilson v. Wilson
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 09, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[88 CalApp2d Page 383] After a trial before Judge George W. Schonfeld in the superior court in San Francisco findings were made and an interlocutory decree entered granting plaintiff a divorce from defendant, ordering defendant to pay alimony and awarding certain community property to plaintiff. Defendant appealed from the interlocutory decree and on the appeal the interlocutory decree was ordered modified in the following language: ""[The] interlocutory decree is modified by striking therefrom all words presently disposing of the community property and inserting words to the effect that upon the entering of the final decree the parties are entitled to have assigned to them the portions of the community property mentioned in the decree."" (Wilson v. Wilson, 76 Cal. App. 2d 119, 133 [172 P.2d 568].) After the remittitur had gone down and on December 5, 1946, another superior judge, acting on an affidavit hereafter discussed, signed and entered a final decree of divorce in the action which made no disposition of the community property, but was entirely silent on that subject. This omission in the final decree having been called to the attention of Judge Schonfeld, on July 22, 1947, Judge Schonfeld signed an amended final decree of divorce expressly awarding the community property to the parties as directed by the order of the court quoted from Wilson v. Wilson, supra. This amended decree recited that the final decree of December 5, 1946, was entered ""by reason of a clerical mistake,"" and directed that the amended decree be entered nunc pro tunc as of December 5, 1946. From this nunc pro tunc judgment defendant appeals.
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