Holt v. Kaaukai

OPINION OF

FREAR, J.

I respectfully dissent. Section 1287 of the Civil Code provided that “The wife, * * * shall be deemed for all civil purposes, to be merged in her husband, and civilly dead. She shall not, without his consent, unless otherwise stipulated *501by anterior contract, have legal power to make contracts, or to alienate and dispose of property,” except under certain circumstances not involved in this case. The question is, should the court read into the statute the word “written” before “consent” or substitute “joinder” for “consent.” “What was the intention of the Legislature? Looking…