Galland v. Galland

Citations

• 38 Cal. 265
• 1869 Cal. LEXIS 147

Syllabus

<p>Alimony. — The provision for alimony, made in the statute concerning divorces, was not intended to be a prohibition to the granting of alimony in other cases.</p> <p>Idem.—The power to decree alimony falls within the general powers of a Court of Equity, and exists independent of statutory authority. And in the exercise of this original and inherent power, a Court of Equity will, in a proper case, decree alimony to the wife, in an action which has no reference to a divorce or</p> <p>Idem.—The power conferred on the Court by the statute concerning divorce and alimony, to provide for the separate maintenance of the wife, pending an action for, or after, a final decree of divorce, does, by necessary implication, negative the power or jurisdiction of the Court to decree an allowance for the separate maintenance of the wife, except when jurisdiction is acquired by the commencement of an action for divorce upon allegations of statutory cause therefor.</p> <p>Idem.—The subject-matter of allowance for separate maintenance or alimony to the wife, as an independent matter, is not within the general original jurisdiction of .Courts of Equity, and is only exercised in reference thereto as derivative and incidental to some other original, primary, substantive matter, to which their jurisdiction had attached.</p>