Robb v. Robb
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, county of San Joaquin. On March 12th, 1855, the plaintiff, Ellen R. Robb, filed a bill of divorce against her husband, John S. Robb, and claiming certain property as conveyed to her by deed of gift during coverture, as well as her share of the common property. Service of process was had on defendant in San Francisco on the next day.
Read the full summary
Appeal from the District Court of the Fifth Judicial District, county of San Joaquin. On March 12th, 1855, the plaintiff, Ellen R. Robb, filed a bill of divorce against her husband, John S. Robb, and claiming certain property as conveyed to her by deed of gift during coverture, as well as her share of the common property. Service of process was had on defendant in San Francisco on the next day. On the 21st of July following, no answer being filed, the plaintiff proceeded to trial and obtained a final decree of divorce, vesting- in her the property set forth in her complaint as separate…
1Opinion of the Court
The opinion of the Court was delivered Mr. Chief Justice Murray.
Mr. Justice Heydeneeldt concurred.
This is an appeal from an order of the District Court, refusing to set aside a decree rendered 'at a previous term. The appellant relies on two decisions of this Court as maintaining the practice adopted by him.
In the case of Kewen v. Bidleman, (2 Cal., 248,) the sufficiency of the remedy by motion was not questioned, and the Court below entertained the application by consent of attorneys, so that the limitation of the statute upon the powers of the Court was not under consideration.
In the case…
2Cases cited2 opinions
- Bidleman v. KewenCalifornia Supreme Court · 1852
- People v. LafargeCalifornia Supreme Court · 1853
3Cited by8 opinions
- People v. KaramanCalifornia Supreme Court · 1992
- Norton v. Atchison, Topeka, & Santa Fé RailroadCalifornia Supreme Court · 1893
- Wiggin v. Superior CourtCalifornia Supreme Court · 1886
- Castro v. RichardsonCalifornia Supreme Court · 1864
- Bell v. ThompsonCalifornia Supreme Court · 1862
3 more not listed; retrieve them via the Exa API.