Clark v. Eltinge

Citations

• 34 Wash. 323
• 75 P. 866
• 1904 Wash. LEXIS 353

Syllabus

<p>Community Property — Liability for Husband’s Debt Contracted in Montana — Pleading Wife’s Exemption — Presumptions. Tbe presumption that a debt contracted by a husband in Montana is a community debt is not overcome by the wife’s pleading a Montana statute providing that the wife’s separate property is exempt from the husband’s debts, under certain conditions, without further setting up the necessary conditions to entitle her to the exemption from the liability.</p> <p>Appeal — Decision—Law of the Case — Husband and Wife— Action on Note Made in Montana — Defenses—Fobeclosube of Moetgage Befobe Recoveby on Note. After the appellate court has held on a former appeal that the plaintiff in an action on a promissory note made in Montana need not show that a mortgage securing the same has been foreclosed (the Montana statute providing that there shall be no recovery on the note until after foreclosure) , but that such fact and the laws of Montana relating tberato are matters of defense, it becomes the law of the case and it is error to grant a nonsuit for the failure of the plaintiff to prove the foreclosure of the mortgage.</p>