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Kohn v. Kohn

California Court of Appeal · Civ. No. 14106 · 1950-01-26 · Published · 95 Cal. App. 2d 918 · 214 P.2d 79 · 1950 Cal. App. LEXIS 1060

DORIS KOHN v. MARION H. KOHN

Area
civil
Panel
Maurice T. Dooling, Jr. (author)

Analysis

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Opinion — Dooling

DOOLING, J.

Defendant appeals from an order directing him to pay plaintiff for her support under the terms of a final decree of divorce at the rate of $530.40 per month during the year 1948. The amount is based upon the net earnings of defendant in 1947 calculated in accordance with the property settlement agreement which was made a part of the decree, and has been construed in Kohn v. Kohn, Civ. No. 14017, ante, p. 708 [214 P.2d 71], this day filed. Two items of income included by the court are questioned: 1. a sum paid to defendant as salary by Federated Investment Company which the court treated as a dividend; and 2. income received from property acquired from the estate of George Kohn, deceased.

Appellant’s similar contentions in Kohn v. Kohn, Civ. N. 14017, ante, p. 708 [214 P.2d 71], were disposed of adversely to him and no purpose would be served by repeating the discussion of them.

Order affirmed.

Nourse, P. J., and Goodell, J., concurred.

A petition for a rehearing was denied February 25, 1950, and appellant’s petition for a hearing by the Supreme Court was denied March 23, 1950. Schauer, J., voted for a hearing.

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