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BLACKBURN v. BLACKBURN

Docket No. 26451.

219 Cal.App.2d 16 (1963)

32 Cal. Rptr. 794

DONALD W. BLACKBURN, Plaintiff and Respondent, v. LEATHA O. BLACKBURN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

August 5, 1963.

Attorney(s) appearing for the Case

Richard A. Klein and A.A. Goldstone for Defendant and Appellant.

Svenson & Garvin and Harold W. Svenson for Plaintiff and Respondent.

FILES, J.

[1a] Plaintiff obtained an interlocutory judgment of divorce against defendant by default. The terms of the judgment were based upon a property settlement agreement which had been signed by both parties. More than six months after the entry of default, defendant made a motion to set aside the judgment upon the ground that it had been obtained by extrinsic fraud. This motion was supported by an affidavit of the defendant wherein she asserted...

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