Legal Opinion

Spencer v. Doane

California Supreme Court

Decided July 1, 1863PublishedCited by 3 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the twenty-third day of August, 1861, a decree was rendered in the Fourth District Court, on the petition of Alta Gracia Carlos, divorcing her from her husband, Fernando Carlos.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the twenty-third day of August, 1861, a decree was rendered in the Fourth District Court, on the petition of Alta Gracia Carlos, divorcing her from her husband, Fernando Carlos. The decree further adjudged two-thirds of the community property to the plaintiff, and one-third to the defendant, and provided for other proceedings touching its distribution, among which was the appointment of Spencer, the plaintiff in this action, receiver. On the twenty-second day of April, 1861, Pierce, one of…

1Opinion of the CourtCrocker, J.

This is an action brought by the plaintiff, as receiver in the divorce case of Carlos v. Carlos, to recover the value of certain personal property alleged to have been taken and converted by the defendants. The latter justify the taking under an attachment issued in an action brought by the defendant Pierce, against the husband in the divorce suit.

The first error assigned is, that the jury were not duly selected and summoned as required by law. It is a sufficient answer to say that no objection of this kind was made by the appellant at the *420time of the trial. The record states that the “ jury…

2Cases cited1 opinion

  1. Taylor v. Cal. Stage Co.California Supreme Court · 1856

3Cited by3 opinions

  1. Barton v. LawsColorado Court of Appeals · 1894
  2. Smith ex rel. Smith v. ShrievesNevada Supreme Court · 1878
  3. Barton v. LawsColorado Court of Appeals · 1894

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