Aven v. Caldwell Commercial Bank

Idaho Supreme Court

Aven v. Caldwell Commercial Bank

144 P. 1108, 26 Idaho 566, 1914 Ida. LEXIS 102

DecidedDecember 3, 1914

StatusPublished

This text of 144 P. 1108 (Aven v. Caldwell Commercial Bank) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aven v. Caldwell Commercial Bank, 144 P. 1108, 26 Idaho 566, 1914 Ida. LEXIS 102 (Idaho 1914).

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Opinion

SULLIVAN, C. J.-

This ease involves the right and title of the wife to certain money deposited in the defendant bank by herself, and the contention was made in this case that said savmgs deposit was community property and could be applied by the bank on its claim on the husband’s indebtedness, on the theory that the same was community property subject to the husband’s debts.

On the authority of the case of W. B. Wilkerson, Trustee in Bankruptcy, Respondent, v. Myrtle F. Aven, Appellant, just decided by this court, the judgment entered in this case [567]*567must be reversed and the cause remanded with instructions to enter judgment in favor of appellant.

Costs awarded to appellant.

Truitt, J., concurs.

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SULLIVAN, C. J.-

This ease involves the right and title of the wife to certain money deposited in the defendant bank by herself, and the contention was made in this case that said savmgs deposit was community property and could be applied by the bank on its claim on the husband’s indebtedness, on the theory that the same was community property subject to the husband’s debts.

On the authority of the case of W. B. Wilkerson, Trustee in Bankruptcy, Respondent, v. Myrtle F. Aven, Appellant, just decided by this court, the judgment entered in this case [567]*567must be reversed and the cause remanded with instructions to enter judgment in favor of appellant.

Costs awarded to appellant.

Truitt, J., concurs.

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Bluebook (online)

144 P. 1108, 26 Idaho 566, 1914 Ida. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aven-v-caldwell-commercial-bank-idaho-1914.