Fearey v. Gough

BISHOP, J. pro tern.—We

have reached the conclusion

that the trial court had no jurisdiction in this ease, in which it rendered a judgment that the plaintiff recover from the defendant all that she sought, that is, $1,050.

Plaintiff brought this action to obtain from the defendant one-half of the proceeds of an insurance policy which had been paid to the defendant, named as the beneficiary of the policy, upon the death of the insured, plaintiff’s husband. The theory of plaintiff’s case was that the proceeds of the policy were community funds; that the naming of the defendant as beneficiary by…