Rycraft v. Rycraft
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff and defendant were married, and lived together fifteen months. The defendant worked at his trade as carpenter, earning from four to five dollars per day, but furnished nothing for the support of the family. The plaintiff owned a house and' three acres óf land, upon which the family lived, and by keeping hoarders and selling milk and eggs she supported the family.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff and defendant were married, and lived together fifteen months. The defendant worked at his trade as carpenter, earning from four to five dollars per day, but furnished nothing for the support of the family. The plaintiff owned a house and' three acres óf land, upon which the family lived, and by keeping hoarders and selling milk and eggs she supported the family. At the commencement of this suit the defendant had been absent from the plaintiff" twenty-two months, and had not been…
1Opinion of the Court
By the Court, Temple, J.:
Action for divorce by the wife, on the ground of willful neglect on the part of the husband to provide the common necessaries of life.
The evidence shows that the wife owned some property and carried on business by which she earned sufficient for her support. The only evidence of ability to provide the common necessaries of life on the part of the husband is that he is a good workman and might earn enough for that *446purpose. The defendant has never interfered with the plaintiff in the disposition of the moneys earned by her, and, as these were sufficient for her support,…
2Cases cited1 opinion
- Judson v. AtwillCalifornia Supreme Court · 1858
3Cited by2 opinions
- Blache v. BlacheCalifornia Court of Appeal · 1945
- Allport v. KelleyMontana Supreme Court · 1876