Franklin v. Franklin

This is an appeal by defendant from a final decree which awarded plaintiff a divorce, and purported to award her a half interest in defendant’s cause of action for personal injuries sustained subsequent to the entry of an interlocutory decree. The attempted division of the cause of action may not be sustained unless the cause of action itself was “property” acquired by the husband after marriage, within the meaning of section 164 of the Civil' Code, and therefore community property.

Plaintiff, who had been married to defendant for fourteen months, sued for separate maintenance and a division…