Dye v. Dye
California Supreme Court
Appeal from, the District Court of the Twelfth Judicial District, County of San Francisco. This bill was filed by complainant for a division of common property, upon the allegation of a dissolution, by a decree of the Twelfth District Court, of the matrimonial union once existing between these parties. The decree was procured at the instance of the defendant.
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Appeal from, the District Court of the Twelfth Judicial District, County of San Francisco. This bill was filed by complainant for a division of common property, upon the allegation of a dissolution, by a decree of the Twelfth District Court, of the matrimonial union once existing between these parties. The decree was procured at the instance of the defendant. The bill states “ that at the time of the rendition of said decree, the said Job F. Dye was in possession and held a large amount of property ; all of which said property was acquired after the marriage and during the coverture with your…
1Opinion of the Court
The objection urged by the respondent’s counsel is, that there is no averment that the property was acquired subsequent to the Act passed *164seventeenth of April, 1850; that this Act only affects property acquired since the passage of the Act.
We deny this to be the true construction of the law. The language of the twelfth section of the statute provides that in case of a dissolution of the marriage, the common property shall be equally divided between the parties. It makes no distinction whatever between property acquired previous to the Act and the property acquired since.
It applies to all the…
2Cases cited1 opinion
- Russell v. ClappNew York Supreme Court · 1849
3Cited by19 opinions
- Himmelman v. DanosCalifornia Supreme Court · 1868
- County of San Luis Obispo v. HendricksCalifornia Supreme Court · 1886
- Rhoda v. Alameda Cty.California Supreme Court · 1877
- Green v. Grimes-Stassforth Stationary Co.California Court of Appeal · 1940
- McLain v. Llewellyn Iron WorksCalifornia Court of Appeal · 1922
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