Legal Opinion

Bechtol v. Bechtol

District Court, D. Alaska

Decided May 8, 1905No. 218Published

Motion by Rosalind H. Bechtol for leave to intervene in this action. Her motion alleges that she and Charles W. Bechtol, one of the defendants, and the son of the plaintiff herein, were married on December 22, 1904, and continued to live together as husband and wife until April 17, 1905, when by the advice and procurement of his father her husband abandoned her, leaving her without any means of support, and has gone to parts unknown.

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Motion by Rosalind H. Bechtol for leave to intervene in this action. Her motion alleges that she and Charles W. Bechtol, one of the defendants, and the son of the plaintiff herein, were married on December 22, 1904, and continued to live together as husband and wife until April 17, 1905, when by the advice and procurement of his father her husband abandoned her, leaving her without any means of support, and has gone to parts unknown. The records in this case show that plaintiff brought this action against his -son to establish a trust in certain placer mining claims purchased by the son with…

1Opinion of the Court

WICKERSHAM, District Judge.

The petition or complaint in intervention must state facts sufficient, if admitted, to support a decree for intervener. Coffey v. Grenfield, 62 Cal. 602; Ward v. Healy, 114 Cal. 191, 45 Pac. 1065; Clapp v. Phelps, 19 La. Ann. 461, 92 Am. Dec. 545; Davis v. Sullivan, 33 N. J. Eq. 569; Noyes v. Brown, 75 Tex. 458, 13 S. W. 36; Empire Distilling Co. v. McNulta, 77 Fed. 703, 23 C. C. A. 415; French v. Gapen, 105 U. S. 509, 26 L. Ed. 951. Demurrer lies as to an original complaint. Fischer v. Hanna, 8 Colo. App. 471, 47 Pac. 303; Ragland v. Wisrock, 61 Tex. 391; Shepard…

2Cases cited11 opinions

  1. Black v. Elkhorn Mining Co.Supreme Court of the United States · 1896
  2. French v. GapenSupreme Court of the United States · 1882
  3. Coffey v. GreenfieldCalifornia Supreme Court · 1882
  4. McNeer v. McNeerIllinois Supreme Court · 1892
  5. Ragland v. WisrockTexas Supreme Court · 1884

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