Legal Opinion

Lyons v. Lyons

California Supreme Court

Decided July 1, 1861PublishedCited by 4 opinions

Appeal from the Thirteenth District. Action by the wife against her husband for divorce on the ground of extreme cruelty, and for custody of their minor children. Demurrer, on the ground that two causes of action are improperly united. Overruled. Answer denying all the allegations of the complaint. Cause tried by the Court without a jury by consent; several witnesses examined and case argued and submitted.

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Appeal from the Thirteenth District. Action by the wife against her husband for divorce on the ground of extreme cruelty, and for custody of their minor children. Demurrer, on the ground that two causes of action are improperly united. Overruled. Answer denying all the allegations of the complaint. Cause tried by the Court without a jury by consent; several witnesses examined and case argued and submitted. The next and last entry in the record is, that “ it is ordered,, adjudged and decreed that plaintiff have a divorce from bed and board.” Judgment accordingly, and defendant appeals.

1Opinion of the CourtCope, J.

Baldwin, J. concurring.

This is a suit in equity, and the only error assigned is that there are no findings to support the judgment. The case of Walker v. Sedgwick (5 Cal. 192) is directly in point, and to sustain the position of the appellant it would be necessary to overrule that case. If the question were presented for the first time, it would require no argument to satisfy us that the statute was intended to have a uniform operation; but there is some plausibility in a different interpretation, and such interpretation having been adopted, we are disposed to act upon it. The view taken was…

2Cases cited2 opinions

  1. Walker v. SedgwickCalifornia Supreme Court · 1855
  2. Wheeler v. HaysCalifornia Supreme Court · 1853

3Cited by4 opinions

  1. Sharon v. SharonCalifornia Supreme Court · 1885
  2. Eames v. PhilpotCalifornia Court of Appeal · 1925
  3. Thompson v. ThompsonNevada Supreme Court · 1926
  4. Sharon v. SharonCalifornia Supreme Court · 1885

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