Mahone v. Grimshaw

California Supreme Court

Mahone v. Grimshaw

20 Cal. 175

DecidedJuly 1, 1862

StatusPublished

This text of 20 Cal. 175 (Mahone v. Grimshaw) 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

Mahone v. Grimshaw, 20 Cal. 175 (Cal. 1862).

Pincite

Opinion

Field, C. J. delivered the opinion of the Court—Norton, J. concurring.

If the cattle, for the possession of which the action is brought, were, as contended by the defendant, the separate property of the wife of the plaintiff, that fact constitutes no defense. The husband, by the express language of the statute, is entitled to the management and control of the separate property of the wife during the continuance of the marriage, and, of course, to its possession. If the wife have any just cause to apprehend that her husband will mismanage or waste her separate property, she has her remedy by application to the District Court for the appointment of a trustee to take charge of and manage the same. (Act defining the Rights of Husband and Wife, of April 17th, 1850, secs. 6 and 8.)

Order affirmed.

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Field, C. J. delivered the opinion of the Court—Norton, J. concurring.

If the cattle, for the possession of which the action is brought, were, as contended by the defendant, the separate property of the wife of the plaintiff, that fact constitutes no defense. The husband, by the express language of the statute, is entitled to the management and control of the separate property of the wife during the continuance of the marriage, and, of course, to its possession. If the wife have any just cause to apprehend that her husband will mismanage or waste her separate property, she has her remedy by application to the District Court for the appointment of a trustee to take charge of and manage the same. (Act defining the Rights of Husband and Wife, of April 17th, 1850, secs. 6 and 8.)

Order affirmed.

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Bluebook (online)

20 Cal. 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahone-v-grimshaw-cal-1862.