Braly v. Reese
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover the undivided one-half of fifty-vara lot one hundred and twenty-eight, in San Francisco.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover the undivided one-half of fifty-vara lot one hundred and twenty-eight, in San Francisco. The lot was granted to Robert Smith by Edwin Bryant, Alcalde of San Francisco, on the 4th of March, 1847. Smith died in July, 1848, leaving- a widow named Catherine, and three children: Daniel, aged six years; Hiram Joseph, aged four years; and Mary Catherine, a posthumous child. Daniel died in 1862. Hiram Joseph on the 26th of March, 1866, conveyed his interest in the lot to the plaintiff.…
1Opinion of the Court
By the Court, McKinstry, J.:
I. Catherine Harrison could not be continued as natural tutrix, nor be appointed dative tutrix, after her second marriage.
In France, a widow about to marry and desiring to retain the guardianship of her infant children, should secure the assent of a “family meeting” before the second marriage. "If the mother, being guardian, desires to marry again, she is required, before the act of marriage, to convoke a family council, who shall decide whether the guardianship ought to be continued to her. In default of such convocation she shall lose the guardianship entirely;…
2Cases cited3 opinions
- Pryor v. DowneyCalifornia Supreme Court · 1875
- Ryder v. CohnCalifornia Supreme Court · 1869
- Mickle v. SanchezCalifornia Supreme Court · 1850
3Cited by8 opinions
- Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
- Eversdon v. MayhewCalifornia Supreme Court · 1890
- Pitts Agricultural Works v. YoungSouth Dakota Supreme Court · 1895
- Yik Hon v. Spring Valley Water WorksCalifornia Supreme Court · 1884
- Banister v. CampbellCalifornia Supreme Court · 1903
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