Boggs v. Seawell
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. Ed. L. Bryan, Judge. Action for trespass. Judgment for plaintiff. A married woman cannot bring an action upon a cause of action belonging to the community; and when this is done the fact that the cause of action is community property is a defense. (Holton v. Sand Point Lrumber Co., 7 Ida. 573, 64 Pac. 889.) All property acquired during coverture is presumed to be community property.
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APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. Ed. L. Bryan, Judge. Action for trespass. Judgment for plaintiff. A married woman cannot bring an action upon a cause of action belonging to the community; and when this is done the fact that the cause of action is community property is a defense. (Holton v. Sand Point Lrumber Co., 7 Ida. 573, 64 Pac. 889.) All property acquired during coverture is presumed to be community property. This presumption may be overcome, but the burden of proof rests upon the party asserting the property to be separate…
1Opinion of the CourtMccarthy, J.
This is an action for trespass. In her amended complaint respondent alleges among other things that she was, at all times mentioned, the holder and in possession of certaixx described land; that appellant during the spring, fall and winter of 1917 and the spring, fall and winter of 1918, grazed his sheep upon said land to respondent’s damage in the sum of $3,000. She also alleges that G. S. See was her agent at all times mentioned in the complaint, her husband being in the service of the United States in France, thus injecting into the pleading, in an indirect way, the fact that she ‘was…
2Cases cited8 opinions
- In re Estate of LambCalifornia Supreme Court · 1892
- Teynor v. HeibleWashington Supreme Court · 1913
- Risse v. CollinsIdaho Supreme Court · 1906
- Harris v. HarrisCalifornia Supreme Court · 1886
- Humbird Lumber Co. v. DoranIdaho Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rogers v. Yellowstone Park CompanyIdaho Supreme Court · 1975
- Lessman v. AnschustiguiIdaho Supreme Court · 1923
- Medling v. SeawellIdaho Supreme Court · 1922
- Gerlach Live Stock Co. v. LaxaltNevada Supreme Court · 1930
- Hill v. Chappel Bros. of Montana, Inc.Montana Supreme Court · 1932
5 more not listed; retrieve them via the Exa API.