(Download) "Christiana V. Rose" by First Appellate District, Division One District Court Of Appeal Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Christiana V. Rose
- Author : First Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 20, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
May a husband, living separate from his wife, the latter having custody of their children, where one of the children is killed by the negligence of a third person, and where the wife sues for and recovers her damages caused by such death, successfully maintain an action against the wife for one-half of her judgment on the theory that such recovery is community property? That is the main question involved on this appeal. The trial court, while holding that the recovery by the wife was community property, held that, under the facts of the case, the husband was estopped from claiming any portion of the judgment. The husband appeals. It is our view that the judgment should be affirmed not only on the theory that if the recovery was community property the husband was estopped from claiming any portion of the judgment, but also because, in our opinion, under the facts, the judgment recovered by the wife was her separate property.