Everett v. Everett
California Supreme Court
Appeal from the District Court, Third Judicial District, City and County of San Francisco. Action by the husband to obtain a divorce from the wife on account of extreme cruelty on her part. The Court found that she had been guilty of extreme cruelty, and that there was no-community property. The wife had no children. A divorce was granted, and the Court, in the decree, inserted the clause found in the opinion.
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Appeal from the District Court, Third Judicial District, City and County of San Francisco. Action by the husband to obtain a divorce from the wife on account of extreme cruelty on her part. The Court found that she had been guilty of extreme cruelty, and that there was no-community property. The wife had no children. A divorce was granted, and the Court, in the decree, inserted the clause found in the opinion. From that part of the decree found in the opinion the plaintiff appealed.
1Opinion of the Court
The divorce was granted for the offense of the wife.
The Court was authorized to make a division of the community property, and of that only. (Civil Code, secs. 146-8.)
The Court found as a fact (Trans, fol. 40) that there was no community property. Hence that portion of the decree requiring these payments to defendant as her share of the community property is directly opposed to the findings, and being unsupported by the findings, should be set aside.
Had the case been reversed, and the divorce granted to the wife for the offense of the husband, the Court would have been authorized to require…
2Cited by13 opinions
- Ex parte SpencerCalifornia Supreme Court · 1890
- McKannay v. McKannayCalifornia Court of Appeal · 1924
- Phinney v. PhinneySupreme Court of Florida · 1919
- Glynn v. GlynnNorth Dakota Supreme Court · 1898
- Bennett v. BennettCalifornia Supreme Court · 1933
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