Simmons v. Simmons

The defendant appeals from a judgment whereby plaintiff recovered of defendant the sum of one thousand dollars, with interest. The evidence is brought up by a bill of exceptions.

The nature of the action is fairly defined in the following statement, made by plaintiff’s counsel at the opening of the trial. “This,” it was said, “is a suit brought by the plaintiff ¡to obtain the decree of this court to the effect that certain property is community property. The legal title is in the wife. The husband is plaintiff. He seeks the decree of this (the superior) court that the property is community…