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KOHN v. KOHN (1950)

District Court of Appeal, First District, Division 2, California.

KOHN v. KOHN et al.

Civ. 14106.

Decided: January 26, 1950

Philip S. Ehrlich, Albert A. Axelrod, R. J. Hecht, San Francisco, for appellant. Erskine, Eskine & Tulley, Morse Erskine, San Francisco, Gavin McNab, Schmulowitz, Aikins, Wyman & Sommer, by Nat Schmulowitz, Peter S. Sommer, Sidney DeGoff, San Francisco, for respondent.

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, Cal.App., 214 P.2d 71. Two items of income included by the court are questioned: 1. a sum paid to defendant as salary by Federated Investment Co. 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, supra, were disposed of adversely to him and no purpose would be served by repeating the discussion of them.

Order affirmed.

DOOLING, Justice.

NOURSE, P. J., and GOODELL, J., concur. Hearing denied; SCHAUER, J., dissenting.

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KOHN v. KOHN (1950)

Docket No: Civ. 14106.

Decided: January 26, 1950

Court: District Court of Appeal, First District, Division 2, California.

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