Murray v. Murray

Citations

• 115 Cal. 266
• 47 P. 37
• 1896 Cal. LEXIS 1006

Syllabus

<p>Action by Deserted Wife for Maintenance—Fraudulent Transfers by Husband—Publication of Summons—Default—Findings—Appeal—Presumption—Support of Judgment.—In an action by a deserted wife against her husband for maintenance without divorce, and to set aside fraudulent transfers of his property, and for a receiver to take charge of the property, where the defendants are absent from the state, and service of the summons has been made upon them by publication and mailing, as prescribed by statute, and they have failed to appear in the action, there is no necessity for findings; and any findings made cannot constitute part of the judgment-roll, or be considered upon an appeal by them from the judgment; but the appellate court can only consider the complaint and judgment, and such allegations as are necessary to support the judgment are deemed to have had confirmation in the evidence.</p> <p>Id.—Transfers of Husband’s Separate Property—Interest of Wife —Intent to Defeat Maintenance.—Although the wife, as such, may have no such interest in the separate property of the husband as will enable her to assail voluntary transfers thereof by him, yet, when deserted by the husband, she has a right to sue him for her maintenance, and, though not in strictness a creditor of her husband, she is so far within the statute against fraudulent transfers, as respects her right to maintenance, that she may sue to avoid transfers made by her husband of his separate property, with design to defeat such right.</p> <p>Id._Transfers before Marriage — Intercourse under Promise of Marriage— Pregnancy—Subsequent Solemnization—Estoppel of Husband.—Where the parties, after agreeing to marry, assumed the relation of husband and wife, and she became pregnant before marriage, the fact that the transfer to defeat her right to support was made before the marriage was lawfully solemnized, cannot change the rule that she may, upon desertion by her husband after the marriage, assail such transfer in an actio