SULLIVAN v. SULLIVAN

Docket No. 31475.

256 Cal.App.2d 301 (1967)

64 Cal. Rptr. 82

GEORGE C. SULLIVAN, Plaintiff and Appellant, v. ELAINE T. SULLIVAN, Defendant and Respondent.

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

November 22, 1967.


Attorney(s) appearing for the Case

Hill, Farrer & Burrill, Mark E. True and Cecil E. Ricks, Jr., for Plaintiff and Appellant.

Steven Edmundson as Amicus Curiae on behalf of Plaintiff and Appellant.

C.A. Falconer for Defendant and Respondent.


KAUS, P.J.

Plaintiff husband filed a complaint for divorce on May 13, 1964. He then filed an affidavit signed by Sue Ann, the parties' married daughter, to the effect that she had served summons and complaint on the defendant on May 18, 1964. An interlocutory judgment of divorce which recites defendant's default was entered on July 7, 1964.

On March 22, 1966, well over a year later, defendant noticed a motion to vacate her default and the judgment. The motion...

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