Legal Opinion

Darrenberger v. Haupt

Nevada Supreme Court

Decided January 15, 1875No. 688PublishedCited by 5 opinions

Appeal from the District Court of the Third Judicial District, Lyon County. The facts are stated in the opinion. I. If the property in question was the common property of the defendant and her late husband, the assignor of plaintiff, one-half thereof belonged absolutely to her, and upon the dissolution of the community by the decree of divorce, the husband lost the right to dispose of the same as community property, and hence his disposition of the same to the plaintiff…

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Appeal from the District Court of the Third Judicial District, Lyon County. The facts are stated in the opinion. I. If the property in question was the common property of the defendant and her late husband, the assignor of plaintiff, one-half thereof belonged absolutely to her, and upon the dissolution of the community by the decree of divorce, the husband lost the right to dispose of the same as community property, and hence his disposition of the same to the plaintiff after his divorce from the defendant was invalid as against her, and the verdict should have been for the defendant, either…

1Opinion of the Court

By the Court,

Earll, J.:

This action was brought by plaintiff to recover possession of a certificate of the capital stock of the Dayton Silver Mining Company, representing five shares of said capital stock, or, for its value in case a delivery cannot be had. The plaintiff claims the stock as the assignee of one Casper Haupt, the divorced husband of the defendant; and the defense interposed is, that the mining stock was the common property of the defendant and her late husband, and that by the decree dissolving the marriage between them, and by operation of law consequent thereon, the whole, or…

2Cited by5 opinions

  1. Lake v. BenderNevada Supreme Court · 1884
  2. Johnson v. GarnerDistrict Court, D. Nevada · 1916
  3. Powell v. CampbellNevada Supreme Court · 1888
  4. Seeber v. RandallCourt of Appeals for the Ninth Circuit · 1900
  5. Winters v. WintersNevada Supreme Court · 1912

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