Brown v. Brown

Citations

• 60 Cal. 579
• 1882 Cal. LEXIS 510

Syllabus

<p>Divorce—Division of Community Property—Power of Supreme Court-Appeal.—In an action for divorce upon the grounds of extreme cruelty and adultery, the Court found for the plaintiff on the former, and against her on the latter issue; and rendered judgment granting the divorce and dividing the community property equally between the parties. Upon appeal the plaintiff claimed that she was entitled to a divorce upon both grounds, and also that she was entitled to a larger share of the community property.</p> <p>Held : It is unnecessary to examine the record with reference to the charge of adultery, as it is competent for the Court to give the plaintiff all the relief under a finding of extreme cruelty that it could give under findings against the defendant upon both charges. The Court erred in not awarding to the plaintiff a larger share of the community property. Case accordingly remanded with instructions to the Court below to modify its decree so as to award to the plaintiff three fourths of the community property.</p> <p>Id.—Id.—Id.—Id.—Under § 148 C. C. this Court has the power to modify the judgment of the Court below in an action for divorce with respect to the distribution of the community property.</p>