Whealton v. Whealton
California Supreme Court
67 Cal. 2d 656, 63 Cal. Rptr. 291, 432 P.2d 979 (1967)
- Written by Mary Phelan D'Isa, JD
Facts
A couple married in Maryland when the husband was on active duty with the United States Navy. The husband’s duties took him all over the east coast until he was eventually assigned to a shipyard in California. The couple lived together for just six or seven weeks on the east coast. In California, the husband filed an action to have the marriage annulled. Notice by publication was made, and the wife received a copy of the summons by mail at her Maryland home. After the wife failed to appear, the court entered a default judgment and granted the annulment. The wife motioned to have the default judgment set aside, but the court denied her motion. The wife appealed. Sometime after the original judgment, the wife made an appearance.
Rule of Law
Issue
Holding and Reasoning (Traynor, C.J.)
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