Consolidated Rock Products Co. v. Higgins

STURTEVANT, J. On November 26, 1937, Charles E. Higgins, while employed by and in the course of his employment by one of plaintiffs, the Consolidated Rock Products Co., a corporation, was injured. At that time the other [780]plaintiff, Pacific Employers Insurance Company, was the employer’s insurance carrier. As a result of said injury said Charles E. Higgins died on the date of the injury. Later the defendant, claiming to be the surviving widow of said decedent, filed an application with the Industrial Accident Commission asking said commission to establish her claim against the plaintiffs. The plaintiffs appeared before said commission and, among others, they presented the contention that the defendant, Margaret Higgins, had been married to the decedent but that long prior to the date of his death said marriage had been dissolved by a valid decree of divorce and that at the time of the injury no relation existed between the defendant and the decedent. The defendant controverted that contention. The Industrial Accident Commission held the issue was one in equity which should be so heard and determined. It suspended the proceedings before said commission, and this action was commenced to obtain a decree that the said defendant should be enjoined from making a claim or contending that she was the surviving widow of said decedent within the meaning of subdivision (a), section 3501 of the Labor Code. The issues were many but each was fully examined. The findings of the trial court were against the plaintiffs and in favor of the defendant. Prom the judgment entered thereon the plaintiffs have appealed.

The pleadings are very long. The reporter’s transcript contains about 800 pages. The findings are long and dispose of every issue made by the pleadings. However, the story is short. The material issue is equally short. It was the contention of the plaintiffs that the defendant Margaret Higgins had been divorced from the decedent and that a final decree had been entered prior to the death of the latter. The defendant on the other hand contended that she and the decedent intermarried, that later the decedent commenced an action against her for divorce, that he obtained an interlocutory decree, that later a final decree was entered, and thereafter said final decree was set aside; and therefore, she was the surviving wife of the decedent. In reply the plaintiffs contended that the order setting aside the final decree was obtained through the fraudulent practices of the defendant. The contention last stated presents the one material question involved in the controversy. It involves the right of these plaintiffs to attack .the orders and judgment