Kashaw v. Kashaw

Citations

• 3 Cal. 312

Syllabus

<p>The Practice Act permits the wife to sue alone, when the action is between her self and her husband. If'it is necessary to introduce other parties, their introduction cannot affect her right.</p> <p>The object of the act is to take away the necessity of suing by prochein ami, and being a remedial statute, must be beneficially construed.</p> <p>Upon the dissolution of a marriage by a court of competent jurisdiction, the act, in relation to husband and wife, directs that the common property shall be equally divided between the parties, and that the court granting the decree shall make such order for the division thereof. Held, that a partition of the common property is one of the direct results of a decree for divorce, and is part and parcel of the decree to be rendered, and one of the proper subjects of the action.</p> <p>In the absence of an allegation that there is common property, the presumption would be that there was none.</p> <p>And it is proper to declare, for the information of the court, in what the common property consists, its nature, and value.</p> <p>The wife, in a suit for divorce, may make a party of any one claiming an interest in the common property.</p> <p>Where the husband had been resident of this State since 1850, and had his domicil in San Francisco, and the wife followed him and arrived here, and commenced this suit before six months had elapsed after her arrival: Held, that the domicil of the husband is the domicil of the wife, and that in contemplation of law, the plaintiff must be considered as having been a resident of this State continuously, from the time her husband arrived here.</p>