54 Cal. App. 2d 779 | Cal. Ct. App. | 1942
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
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
Continuing the plaintiffs specify certain alleged errors and irregularities and matters which might have been set up in defense in the divorce action and claim to rely thereon. However, they have no right to do so. (Hall v. Brittain, 171 Cal. 424 [153 Pac. 906]; Dunn v. Dunn, 114 Cal. 210 [46 Pac. 5]; Agoure v. Peck, 17 Cal. App. 759 [121 Pac. 706].) As noted above the trial court in the instant case made a finding that the trial court in the divorce case had jurisdiction thereof and of all of the parties. The record in the divorce case does not show that the judgment or the order setting aside the final decree was void. It follows that any mere irregularities in the proceedings in the divorce case could be attacked only in the divorce action.
The plaintiffs cite Herbert v. Lankershim, 9 Cal. (2d) 409 [71 P. (2d) 220], and then they say: “However, the supreme court, recognizing its duty in protecting parties
The judgment appealed from is affirmed.
Nourse, P. J., and Spence, J., concurred.
Appellants’ petition for a hearing by the Supreme Court was denied December 7, 1942.