Kirkpatrick v. Finney & Byrnes

Dissenting Opinion — On Rehearing.

Spencer, J.

In order to maintain her suit for separation of property and dissolution of the community, it is not essential that' the wife should be the owner of separate property, or that the husband should be indebted to her. It is now settled that where his affairs are so disordered and his financial embarrassments so great as to render any earnings or acquisitions of the wife by her own industry insecure, that she may maintain such a suit. Clark vs. Lowry, 10 A. 273 ; Webb vs. Bell, 24 A. 75 ; Davock vs. Darcy, 6 R. 342.

A wife’s judgment may, therefore, be…