CAIN v. CAIN

No. 11534.

575 P.2d 607 (1978)

91 N.M. 423

Barbara A. CAIN, Plaintiff-Appellant, v. William J. CAIN, Defendant-Appellee.

Supreme Court of New Mexico.

March 6, 1978.


Attorney(s) appearing for the Case

David H. Pearlman, Albuquerque, for plaintiff-appellant.

Charles T. Hooker, Albuquerque, for defendant-appellee.


OPINION

EASLEY, Justice.

Plaintiff-appellant, Barbara A. Cain (Mrs. Cain), sued defendant-appellee, William J. Cain (Mr. Cain) for accrued alimony. From an adverse trial court decision on the ground of laches, she appeals. We reverse.

This suit being based on a California divorce decree, the controlling issue is whether the California statute proscribing retroactive cancellation of accrued alimony applies.

Mrs. Cain was granted $165 per month...

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