CLAYTON v. CLAYTON

Docket No. 4607.

117 Cal.App.2d 7 (1953)

254 P.2d 669

JAMES S. CLAYTON, Appellant, v. FRANCES M. CLAYTON, Respondent.

Court of Appeals of California, Fourth District.

March 25, 1953.


Attorney(s) appearing for the Case

Siemon & Siemon for Appellant.

Dorsey, Campbell & Bultman and Henry E. Bianchi for Respondent.


GRIFFIN, J.

On May 31, 1949, plaintiff secured an interlocutory decree of divorce from defendant by default. The final decree was entered on December 17, 1950. Both decrees granted the care, custody and control of two minor children, then aged 3 and 4 years respectively, to plaintiff.

Plaintiff's original complaint alleged that plaintiff was a fit and proper person to have the custody of the children (no mention is made of the unfitness of defendant); that...

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