WIRZ v. WIRZ

Docket No. 14196.

96 Cal.App.2d 171 (1950)

214 P.2d 839

WALTER WIRZ, SR., Appellant, v. BERTHA WIRZ, Respondent.

Court of Appeals of California, First District, Division Two.

February 21, 1950.


Attorney(s) appearing for the Case

Millington, Dell'Ergo, Weeks & Morrissey for Appellant.

Louis B. Dematteis, District Attorney, and Elinor Louise Falvey, Deputy District Attorney, for Respondent.


NOURSE, P.J.

Plaintiff sued for divorce charging his wife with "incurable insanity" under the provisions of section 108 of the Civil Code. The trial court denied the decree. The principal question involved on the appeal is the quantum of proof required to establish "incurable insanity."

The code section reads in part: "A divorce may be granted on the grounds of incurable insanity only upon proof that the insane spouse has been confined to an institution ....

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