Clay v. Clay

California Court of Appeal Mar 17, 1937 No. Civ. No. 11341Published

Before: Crail

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Holding. The appellate court reversed the trial court's judgment but refused to direct the entry of judgment for the defendant, leaving the matter to the trial court's discretion in the divorce proceeding.

Issues

Whether the appellate court should direct the trial court to enter judgment for the defendant based on the parties' stipulation.

Disposition. Reversed

Quotations verified verbatim against the opinion

“The stipulation also provides that this court direct the trial court to enter judgment for the defendant. But this we refuse to do.”

“The judgment is reversed.”

CRAIL, P. J. This is an appeal from a judgment in favor of the plaintiff and against the defendant.

It is a sufficient compliance with the constitutional provision, which requires us to state the reasons for our decisions in writing, to say in this ease that the appellant and respondent have stipulated that the decision herein be rendered.

The stipulation also provides that this court direct the trial court to enter judgment for the defendant. But this we refuse to do. This is a divorce case and the trial court may well exercise its authority in the premises after trial or after hearing on a motion.

[590]The judgment is reversed. Each party is to pay his or her own costs on appeal. Let remittitur issue forthwith.

Wood, J., and McComb, J., pro tem., concurred.

Clay v. Clay

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