Jeffs v. Jeffs

California Court of Appeal

Jeffs v. Jeffs

130 P.2d 146, 55 Cal. App. 2d 107, 1942 Cal. App. LEXIS 27

CourtCalifornia Court of Appeal

DecidedOctober 21, 1942

DocketCiv. No. 13757

StatusPublished

This text of 130 P.2d 146 (Jeffs v. Jeffs) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jeffs v. Jeffs, 130 P.2d 146, 55 Cal. App. 2d 107, 1942 Cal. App. LEXIS 27 (Cal. Ct. App. 1942).

Pincite

Opinion

DRAPEAU, J. pro tem.

In this appeal from an interlocutory judgment of divorce there is no bill of exceptions or reporter’s transcript. Therefore, this court is precluded from considering any matters of fact not a part of the judgment roll. (Ward v. Ward, 15 Cal.2d 234 [100 P.2d 773].)

Complaint is made that the trial court failed to find for either party as to community property. The appeal being based upon the judgment roll alone, the findings must be given a liberal construction which will uphold rather than defeat the judgment. (Ward v. Ward, supra.)

Under the provisions of the interlocutory judgment, there was ordered paid to appellant $450 in six monthly installments. This is roughly one-half the value of the community property as alleged in the pleadings. Therefore, it must be assumed that the trial court in making this award was disposing of the community property. (Johnston v. Johnston, 33 Cal.App.2d 90 [91 P.2d 142].)

The judgment is affirmed.

York, P. J., and Doran, J., concurred.

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