Dawley v. Ayers

Citations

• 23 Cal. 108
• 1863 Cal. LEXIS 197

Syllabus

<p>The fact that husband and wife do not intend to reside permanently in this State does not prohibit them from enjoying the benefit of the homestead law; but they are entitled to the right of homestead so long as they claim and use the property as such, and actually reside within the State.</p> <p>The amendment to Sec. 422 of the Civil Practice Act, allowing parties to be examined as witnesses in their own behalf, did not, prior to the amendment to Sec. 395 in 1863, permit husband or wife to be witnesses for or against each other.</p>