Opinion
L. A. No. 5411. In Bank.
June 3, 1918.
APPEAL from a judgment of the Superior Court of San Diego County. C.N. Andrews, Judge.
The facts are stated in the opinion of the court.
Luce Luce, and Joseph L. Lewinsohn, for Appellant.
Ward, Ward Ward, and Sweet, Stearns Forward, for Respondent.
This is an appeal from that portion of a final judgment decreeing a divorce between the parties to this action. The facts of the case are fully set forth in the case of Bancroft v. Bancroft, ante, p. 352, [ 173 P. 582]. The matters upon which the appellant predicates her right to a reversal herein occurred prior to the inception of the action, and were, therefore, the subject of review upon an appeal from the interlocutory decree had such appeal been taken, and hence cannot be made the subject of review upon an appeal from the final decree. (Code Civ. Proc., sec. 956; Claudius v. Melvin, 146 Cal. 257, [ 79 P. 897]; Suttman v. Superior Court, 174 Cal. 243, [ 162 P. 1032]; Newell v. Superior Court, 27 Cal.App. 343, [ 149 P. 998]; Reed v. Reed, 9 Cal.App. 748, [ 100 P. 897].) In addition to this, however, the points discussed upon this appeal have been decided adversely to the appellant's contention in the case of Bancroft v. Bancroft ante, p. 359, [ 173 P. 579], and upon the conclusions arrived at in that decision the portion of the judgment herein appealed from is affirmed.