Letters v. Cady
California Supreme Court
Appeal from the District Court .of the Fourteenth Judicial District, County of Nevada. This is an action brought by the plaintiff, claiming to be the widow of W. J. Cady, deceased, for her distributive share of his estate, under the Statute of Distributions.
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Appeal from the District Court .of the Fourteenth Judicial District, County of Nevada. This is an action brought by the plaintiff, claiming to be the widow of W. J. Cady, deceased, for her distributive share of his estate, under the Statute of Distributions. In her original complaint, the plaintiff alleged that “heretofore on the — day of-, 1853, to wit, in the county aforesaid, (Eevada,) by mutual contract between W. J. Cady and herself, they entered into the relation of husband and wife.” Upon being allowed to amend her complaint, the plaintiff struck out the above averment, and inserted…
1ConcurrenceBaldwin, J.
The plaintiff sues, claiming to be the widow of W. J. Cady, for her distributive share of his estate, under the statute; and for the disposition of the appeal it is only necessary to consider whether she has sufficiently alleged in the complaint her marriage with the deceased.
The complaint avers that, in 1853, the plaintiff was keeping a restaurant and public saloon in Crass Valley, and that she had accumulated in this business five or six hundred dollars; that the deceased made proposals of marriage to her, which she accepted, and consented to live with him “ as his true and lawful wife;”…
2Cited by7 opinions
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- Holmes v. HolmesU.S. Circuit Court for the District of Oregon · 1870
- Kelly v. MurphyCalifornia Supreme Court · 1886
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