Drais v. Hogan
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. J. H. Budd and W. L. Dudley, on the 19th of April, 1869, brought an action against the plaintiffs here, and alleged in their complaint that on the 28th of August, 1868, the defendants were husband and wife, and that the wife, in August, 1868, employed them as her attorneys to bring an action against her husband for divorce, on the ground of extreme cruelty, and also to procure a division of the…
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. J. H. Budd and W. L. Dudley, on the 19th of April, 1869, brought an action against the plaintiffs here, and alleged in their complaint that on the 28th of August, 1868, the defendants were husband and wife, and that the wife, in August, 1868, employed them as her attorneys to bring an action against her husband for divorce, on the ground of extreme cruelty, and also to procure a division of the common property, which was worth eighty-five thousand dollars. That, to secure their professional services, the wife…
1Opinion of the Court
By the Court:
Upon considering the record and printed arguments upon which the cause was submitted, we are of opinion that neither the judgment nor the order denying a new trial should be disturbed here.
1. The payment by the husband of the female plaintiff of the judgment rendered against her, she being the owner of a separate estate, was in effect a payment made by herself— the husband being the agent appointed by law for the management of the separate estate of the wife, a payment made by him, in order to protect the separate estate from forced *126sale, is, as to third persons, within the scope…
2Cases cited2 opinions
- Gambert v. HartCalifornia Supreme Court · 1872
- Rowe v. KohleCalifornia Supreme Court · 1854
3Cited by8 opinions
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- McAleenan v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1921
- Kirtland & Packard v. Superior CourtCalifornia Court of Appeal · 1976
- Better Homes, Inc. v. RodgersDistrict Court, N.D. West Virginia · 1961
- Moser v. Western Harness Racing Assn.California Court of Appeal · 1948
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