Brookman v. State Insurance

Citations

• 18 Wash. 308
• 51 P. 395
• 1897 Wash. LEXIS 161

Syllabus

<p>MARRIED WOMEN—SEPARATE PROPERTY—PROVINCE OP JURY.</p> <p>Although property acquired subsequent to marriage in the conduct of business by either spouse raises a presumption in favor of its being community property, such presumption is rebuttable.</p> <p>Under the statutes of this state (Bal. Code, §§4502-4504), a married woman has the right to lease a farm and prosecute the business of farming, as her separate business, entitling her to the products and increase of the business as her separate property.</p> <p>A court errs in assuming the functions of a jury, and directing their verdict, when there is sufficient testimony upon the material issues, although contradictory, to go to the jury to determine the Questions of fact raised.</p>