Brown v. Brown

California Supreme Court

Brown v. Brown

60 Cal. 579, 1882 Cal. LEXIS 510

CourtCalifornia Supreme Court

DecidedJune 13, 1882

DocketNo. 8,321

StatusPublished

Cited by12 cases

This text of 60 Cal. 579 (Brown v. Brown) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Brown, 60 Cal. 579, 1882 Cal. LEXIS 510 (Cal. 1882).

Pincite

Opinion

The Court:

Plaintiff brought this suit against the defendant for a divorce, on the grounds of adultery and extreme cruelty. The Court found against the defendant on the question of extreme cruelty, and for him on the other charge, and made an equal distribution of the community property between the parties* The plaintiff appeals, and claims that she was entitled, under the evidence in the case, to a divorce on both grounds, and she also claims that she was entitled to a larger share of the community property than was awarded her by the Court.

It is unnecessary vfor us to examine the record with reference to the charge of adultery, as it is competent for the Court to give the plaintiff all the relief under a finding of extreme cruelty that it could give her under findings against the defendant upon both charges. We think the Court erred in not awarding to the plaintiff a larger share of the community property, and Section 148 of the Civil Code provides that “ the disposition of the community property and of the homestead, as above provided, is subject to revision on appeal in .all particulars.”

The judgment of the Court below in granting the plaintiff a divorce is affirmed, and the case is remanded, with instructions to the Court below to modify and amend its decree so as to award to the plaintiff three fourths of the community property.

Free access — add to your briefcase to read the full text and ask questions with AI

The Court:

Plaintiff brought this suit against the defendant for a divorce, on the grounds of adultery and extreme cruelty. The Court found against the defendant on the question of extreme cruelty, and for him on the other charge, and made an equal distribution of the community property between the parties* The plaintiff appeals, and claims that she was entitled, under the evidence in the case, to a divorce on both grounds, and she also claims that she was entitled to a larger share of the community property than was awarded her by the Court.

It is unnecessary vfor us to examine the record with reference to the charge of adultery, as it is competent for the Court to give the plaintiff all the relief under a finding of extreme cruelty that it could give her under findings against the defendant upon both charges. We think the Court erred in not awarding to the plaintiff a larger share of the community property, and Section 148 of the Civil Code provides that “ the disposition of the community property and of the homestead, as above provided, is subject to revision on appeal in .all particulars.”

The judgment of the Court below in granting the plaintiff a divorce is affirmed, and the case is remanded, with instructions to the Court below to modify and amend its decree so as to award to the plaintiff three fourths of the community property.

Cite This Page — Counsel Stack

Bluebook (online)

60 Cal. 579, 1882 Cal. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-brown-cal-1882.

Opinion

Related

Cite This Page — Counsel Stack