Schwarze v. Mahoney
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
This is an action of unlawful detainer. Judgment was entered in favor of the plaintiff for the sum of $540, and costs of the action; the defendant moved for a new trial, which motion was denied, and thereupon he appealed to this court from the judgment, and from the order.
The principal point made on this appeal is, that the respondent, being a married woman, cannot recover,—that the rents, if any due, are community property, for which the husband alone can sue.. This objection to the plaintiff’s right to maintain the action cannot be considered, because there is no demurrer, and there is…
2Cases cited1 opinion
- Wetherly v. StrausCalifornia Supreme Court · 1892
3Cited by6 opinions
- Rosenbloom v. Southern Pacific Co.California Court of Appeal · 1922
- Tagus Ranch Co. v. First National BankCalifornia Court of Appeal · 1935
- Sbarbaro v. RosaCalifornia Court of Appeal · 1941
- Paganini v. PolostriniCalifornia Court of Appeal · 1915
- Grosse-Becker v. BeckerCalifornia Supreme Court · 1894
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