Moseley v. Heney

Citations

• 66 Cal. 478
• 6 P. 134
• 1885 Cal. LEXIS 477

Syllabus

<p>Pleading—Action against Executor—Allegation oe Representative Character.—Where the complaint in an action against an executor contains several causes of action separately stated, an allegation showing the defendant’s representative character need not be contained in each count. One such allegation at the conclusion of the complaint is sufficient.</p> <p>Ib.—Wife’s Earnings—Husband Must Sue for—Evidence—Wife as Witness.—The husband is the proper plaintiff in an action to recover the proceeds of his wife’s labor, in the absence of an agreement between them making such proceeds her separate property. In such an action against the personal representative of the deceased debtor, the wife is a competent •witness for her husband.</p>