Keeler v. Parks

Citations

• 72 Wash. 255
• 130 P. 111
• 1913 Wash. LEXIS 1443

Syllabus

<p>Actions— Premature Actions — Community Property — Divorce. An action by a wife to recover an interest in community real estate not disposed of by a decree of divorce, rendered in California at tbe suit of tbe husband, is premature, where tbe decree was “interlocutory,” reciting that tbe husband has established grounds for tbe dissolution of tbe marriage bonds, and that upon tbe expiration of one year, final judgment granting a decree of divorce be entered, which time bad not elapsed when tbe wife’s action was commenced.</p> <p>Pleading — Supplemental Complaint — Office. In an action to quiet tbe title of a divorced wife in community property not disposed of by tbe decree, which was prematurely commenced before the final decree of divorce was entered, it is not allowable by supplemental complaint to plead tbe subsequent entry of tbe decree of divoree; since a premature action cannot be sustained by a supplemental complaint showing a later cause of action under a new class of facts which is the antithesis of the first cause pleaded.</p> <p>Pleading — Supplemental Complaint — Departure. An action commenced by one as a divorced woman, to recover a joint interest in community property not disposed of by a decree of divorce, cannot be sustained by the substitution, in a supplemental complaint, of a cause of action by the wife for the protection of her rights in the community property of herself and husband, a final decree of divorce not having been entered; since it would be the substitute of a different cause of action.</p>