Kashaw v. Kashaw
California Supreme Court
Appeal from the Fourth Judicial District. This was a suit for a divorce. The complaint set forth the marriage of plaintiff to defendant, on the 22d May, 1838, and produced the certificate, &c. That the relation of husband and wife has existed between them ever since, with all the duties of which she has complied, &c.
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Appeal from the Fourth Judicial District. This was a suit for a divorce. The complaint set forth the marriage of plaintiff to defendant, on the 22d May, 1838, and produced the certificate, &c. That the relation of husband and wife has existed between them ever since, with all the duties of which she has complied, &c. That defendant has not so fulfilled his duties, &c., hut has failed so to do; that the plaintiff and defendant lived peaceably together, in their said relation, in various places, and last in the city of New York, till about the 1st January, 1850; when the defendant left for…
1Opinion of the CourtHeydenfeldt, Justice
Murray, Chief Justice, concurred.
This was a bill filed for a divorce, and a partition of the common property. A demurrer was sustained, on the grounds,—
1st. That the wife had no legal capacity to sue.
2d. That several causes of action are improperly joined.
3d. That she had not resided in the State for six months preceding the commencement of the suit, and is therefore not entitled to sue for a divorce.
Our Practice Act permits the wife to sue alone, when the action is between herself and her husband: Laws, 520. It is said, however, that there are other parties defendant to this action, and,…
2Cited by19 opinions
- Sharon v. SharonCalifornia Supreme Court · 1885
- Elms v. ElmsCalifornia Supreme Court · 1935
- Callnon v. CallnonCalifornia Court of Appeal · 1935
- Beard v. KnoxCalifornia Supreme Court · 1855
- Cavanagh v. CommissionerUnited States Board of Tax Appeals · 1940
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