gno.law

Mason v. Mason

California Supreme Court · L. A. No. 7341. · 1923-02-20 · Published · 213 P. 39 · 190 Cal. 439 · 1923 Cal. LEXIS 548

Louisa C. Mason v. Robert E. Mason

Proceeding
appeal from a judgment
Trial court
Superior Court of Los Angeles
Trial judge
Charles S. Burnell
Outcome
affirmed — Affirmed.
Area
civil
Panel
Curtis D. Wilbur (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

Plaintiff and defendant were husband and wife at the time the plaintiff executed a deed to the defendant on May 22, 1920. They were divorced June 30, 1920. Plaintiff brings this action to set aside the deed on the ground that it was procured by duress. Judgment having been rendered in favor of the defendant, plaintiff appealed claiming that the evidence is insufficient to justify the judgment. The evidence is conflicting and for that reason the appeal is without merit. [1] It is apparent from an inspection of the plaintiff's brief that the appeal was not taken in good faith and was taken for delay only. The defendant should be allowed damages for frivolous appeal.

Judgment affirmed with $250 damages to be entered as costs in the trial court.

Waste, J., Myers, J., Lennon, J., Seawell, J., Lawlor, J., and Kerrigan, J., concurred. *Page 440