SWAIN v. SWAIN

Docket No. 11328.

250 Cal.App.2d 1 (1967)

58 Cal. Rptr. 83

ALPHA JO SWAIN, Plaintiff and Appellant, v. THOMAS E. SWAIN, Defendant and Respondent.

Court of Appeals of California, Third District.

April 10, 1967.


Attorney(s) appearing for the Case

Changaris, Trezza & Ithurburn, Fred B. Ithurburn and Malcolm A. Misuraca* for Plaintiff and Appellant.

Manwell, Manwell, Ashburn & Hogan and Paul M. Hogan for Defendant and Respondent.


PIERCE, P.J.

This appeal is by the wife from an order by the trial court denying a motion to set aside an order vacating a portion of a divorce decree which declared defendant husband to be the father of a child, Diana. The record discloses he was not the natural father of the child nor had he adopted her. Grounds of the vacating order were that the court in originally making a declaration that Diana was the child of defendant had acted in excess of jurisdiction....

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