Leslie v. Leslie

FILES, P. J.

In this action for annulment of marriage, the trial court gave judgment for plaintiff, declaring that the marriage which the parties entered into on June 9, 1950, was void by reason of an undissolved prior marriage of the defendant. The judgment also awarded custody of the three minor children of the parties to plaintiff and ordered defendant to pay child support, attorney fees, and a psychiatrist’s fee.

Although defendant’s notice of appeal states that he 11 appeals from the judgment,” the only point he makes is that the evidence is insufficient to support the decision that the 1950 marriage was void. Irrespective of the dissolution of the marriage it was proper for the court to make its order awarding custody of the children to the mother and providing for their support. (Civ. Code, § 199.) Those portions of the judgment require no further discussion, and we confine our opinion to the subject of the annulment.

Findings of fact were waived in the trial court and thus we are left without any guide to the reasoning process of the trial court other than the judgment itself. Since all

[518]

intendments favor the judgment, it follows that if the trial court could have inferred from the evidence any combination of facts which would support the judgment, this appellate court must affirm.

(Stewart

v.

Longer,

9 Cal.App.2d 60 [48 P.2d 758]; 3 Witkin, Cal. Procedure (1954) Appeal, § 79, p. 2238.) Our conclusion is that the evidence is insufficient for an annulment of this marriage.

It is undisputed that plaintiff (Susan) and defendant (Robert) went through a regular ceremony of marriage in Jacksonville, Florida, on June 9, 1950. Their marriage certificate is in evidence.

The evidence most favorable to the judgment is this: Robert testified that he married Regina in 1937, and on May 9, 1950, he commenced a divorce action against her in Dade County, Florida. The bill of complaint in that case, a copy of which was received in evidence, was verified by Robert. It alleged that Regina was “a resident of some state or country other than the State of Florida,” that he had “made diligent search and inquiry to discover the true name and residence” of Regina, and that her residence was 6123 Chestnut Street, Philadelphia, Pennsylvania. The date of separation was alleged to be September 8, 1949. Also in evidence was a nonmilitary affidavit, executed by Robert, stating “that he knows of his own knowledge that the defendant in the above entitled cause, Regosta Stoger Leslie, is engaged in private employment and is not serving in the armed forces. ...”