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MESSENGER v. MESSENGER

Docket No. L.A. 23276.

46 Cal.2d 619 (1956)

297 P.2d 988

BERTHA J. MESSENGER, Appellant, v. THOMAS T. MESSENGER, Respondent.

Supreme Court of California. In Bank.

June 6, 1956.

Attorney(s) appearing for the Case

Sidney J.W. Sharp, Herbert M. Braden and Lawrence W. Clawson for Appellant.

Daniel M. Fadenrecht for Respondent.

TRAYNOR, J.

Plaintiff and defendant were married in 1936 and separated in 1950. On January 3, 1951, they executed a property settlement agreement. Thereafter plaintiff filed a complaint for divorce, and on January 8, 1951, an interlocutory decree was granted to her on the ground of extreme cruelty. The decree approved and incorporated by reference the provisions of the agreement and expressly ordered defendant to pay $500 per month "as agreed in said property settlement...

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