Aven v. Caldwell Commercial Bank

Idaho Supreme Court

Aven v. Caldwell Commercial Bank

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

Idaho Supreme Court·Decided December 3, 1914·Published

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] must 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] must be reversed and the cause remanded with instructions to enter judgment in favor of appellant.

Costs awarded to appellant.

Truitt, J., concurs.

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

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