Drais v. Hogan

Citations

• 50 Cal. 121
• 1875 Cal. LEXIS 105

Syllabus

<p>Payment of Wife’s Debt by Husband.—H the wife has separate property, and a judgment is rendered against her, a payment of the judgment by the husband, in order to protect her separate estate from forced sale, is, as to third persons, a payment by the wife, and in an action against a third person to recover the money paid, may be counted upon by the wife alone, or by the husband and wife, as a payment made by her.</p> <p>Idem.—The above principle is founded on the fact that the husband is the agent appointed by law for the management of the separate estate of the wife.</p> <p>Special Demubbeb.—In an action brought by the husband and wife to recover money paid on a judgment recovered against the wife, if the complaint avers that the wife was compelled to pay the judgment, and then alleges that the husband paid it for and on account of the wife, without an allegation that it was done at her request, the defect in the complaint, if it is one, can be taken advantage of only by special demurrer.</p> <p>Payment by Husband of Incumbbance on Wife’s Sepabate Pbopebty.— If the husband, at the special request of the wife, pay off an incumbrance upon her separate estate; in an action brought by the spouses against a third person to recover the amount, on the ground that the incumbrance was created by the negligence of such third person, he cannot make the objection that the payment by the husband did not establish the relation of debtor and creditor between the spouses.</p> <p>Capacity of Wife to Gontbact.—A married woman cannot hind herself by a contract to pay an attorney for procuring a divorce and a division of the common property.</p> <p>Liability of Atiobney fob Mismanagement.—If an attorney is employed to conduct a case in the District Court, and a judgment is rendered against his client, and he is entitled to a new trial, and obtains one, but conducts the proceedings in obtaining the new trial so carelessly and negligently that the order granting the same is reversed