Beans v. Emanuelli
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. The complaint averred that Domingo Emanuelli, on the 7th day of February, 1856, intermarried with Josefa Carpena, and under the name of Josefa Carpena de Emanuelli; and on the 24th day of February, 1859, and while they were husband and wife, purchased from one Valencia a tract of land, for which he paid one thousand nine hundred dollars; that the consideration money was the separate property of the…
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Appeal from the District Court, Third Judicial District, Santa Clara County. The complaint averred that Domingo Emanuelli, on the 7th day of February, 1856, intermarried with Josefa Carpena, and under the name of Josefa Carpena de Emanuelli; and on the 24th day of February, 1859, and while they were husband and wife, purchased from one Valencia a tract of land, for which he paid one thousand nine hundred dollars; that the consideration money was the separate property of the husband, Domingo, hut the deed was taken in the name, of his wife, Josefa; that on the ,4th day of October, 1861, the…
1Opinion of the Court
By the Court, Sawyer, C. J. :
The complaint in this case, we think, was sufficient, and the demurrer was properly overruled.
The only other point made in appellants’ brief is that the Court erred in not finding that the property in question was the separate property of Josefa Emanuelli—that is to say, that the finding on this point was contrary to the evidence. It is enough to say in respect to this point, that it was not specified as a ground of the motion for new trial in the statement unless embraced in the general ground found at the beginning of the statement, Governing all the evidence…
2Cases cited2 opinions
- Hutton v. ReedCalifornia Supreme Court · 1864
- Burnett v. PachecoCalifornia Supreme Court · 1865
3Cited by2 opinions
- People v. Central Pacific RailroadCalifornia Supreme Court · 1872
- Graham v. StewartCalifornia Supreme Court · 1886