[Download] "Py v. Pleitner" by First Appellate District, Division Two District Court Of Appeal Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Py v. Pleitner
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 20, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
In this action plaintiff (appellant), who was formerly the husband of respondent, seeks equitable relief from the provisions of the interlocutory and final decrees of divorce granted to respondent, which decrees, entered upon the failure of appellant to appear in the divorce action, provided for payment by appellant to respondent of alimony in the sum of $50 per month. He alleges in his complaint that prior to the filing of the action for divorce he and defendant entered into an oral property settlement wherein he transferred to defendant a home of the approximate value of $3,000, a Chrysler automobile of the approximate value of $800, and $300 in cash; that said property was transferred to defendant "in lieu of all other claims for alimony or support; that defendant agreed to accept the same in lieu of any other claims to which she might be entitled for support or maintenance; that in reliance upon said promise and representation of defendant plaintiff did not appear in said divorce proceedings; that defendant fraudulently concealed from the Court all of the details of the said property settlement agreement which at the time of the divorce hearing was fully executed"; that at the time of the making of the agreement defendant had no intention of living up to her promise not to ask for alimony; that he "believed and relied upon said false and fraudulent promises of the defendant and in reliance thereon refrained from appearing in said divorce proceedings." He also alleged that in February, 1943, defendant had secured the entry of a judgment in her favor for $880 as accumulated payments under the divorce decrees; that in May, 1943, he had secured the issuance of an order for defendant to show cause why the portion of the decrees providing for payment of alimony should not be vacated, but "that plaintiff was not permitted to make a showing or to introduce evidence or testimony showing the facts surrounding the oral property settlement and plaintiff was upon said order to show cause summarily dismissed from Court"; that he had exhausted