Guiod v. Guiod
California Supreme Court
Appeal from the Twelfth District. Ejectment brought in the individual name of the wife, the husband being made a party defendant. One of the other defendants, who had received a conveyance from the husband, demurred to the complaint, on the ground, that the plaintiff could not sue in her individual name; but, that her husband should have been joined as co-plaintiff, and on the ground, that it did not state facts sufficient to constitute a cause of action.
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Appeal from the Twelfth District. Ejectment brought in the individual name of the wife, the husband being made a party defendant. One of the other defendants, who had received a conveyance from the husband, demurred to the complaint, on the ground, that the plaintiff could not sue in her individual name; but, that her husband should have been joined as co-plaintiff, and on the ground, that it did not state facts sufficient to constitute a cause of action. Plaintiff appeals from a final judgment on the demurrer, having failed to amend her complaint after demurrer sustained.
1Opinion of the CourtField, C. J.
The plaintiff seeks to recover the possession of premises formerly occupied by herself and husband as a homestead, and bases her action upon the alleged invalidity of the conveyance of her husband to one of the defender)ts, made without her signature. The suit is brought in her individual name, the husband having refused, upon application, to join as plaintiff. He is, accordingly, made a defendant, such refusal being alleged as the reason of this mode of proceeding. The demurrer to the complaint was sustained, and in our judgment, properly. The statute confers upon the wife no right to the…
2Cases cited1 opinion
- Poole v. GerrardCalifornia Supreme Court · 1856
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- Michelman v. FryeCalifornia Court of Appeal · 1965
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