Summary
In Brock v. Bruce, 5 Cal. 280, it was held that the mechanics' lien law created a sort of mortgage or security, which follows the original debt or obligation; and in Ritter v. Stevenson, 7 Cal. 388, the rule applicable to the assignment of mortgage liens by assignment of the note or debt was applied to assignments of mechanics' liens.
Summary of this case from Duncan v. HawnOpinion
Appeal from the District Court of the Twelfth Judicial District, San Francisco County.
COUNSEL:
Crosby & Barnard and J. B. Hart, for Appellant.
The Respondent was unrepresented by counsel.
JUDGES: Bryan, J., delivered the opinion of the Court. Murray, C. J., and Heydenfeldt, J., concurred.
OPINION
BRYAN, Judge
This is an action brought by the appellant for the purpose of obtaining a divorce. The complaint alleged an abandonment and desertion by the husband from his wife for over three years. The report of the referees to whom the cause was referred establishes that fact.
There is no analogy between this cause and the case of Kashaw v. Kashaw , 3 Cal. 312, as the record seems to indicate.
In the case of Kashaw v. Kashaw, the wife followed the husband to this State, and having resided in the State less than six months, sued for a divorce. A question arose in that case as to domicil, it being held that the wife's domicil should be considered in the case referred to as that of her husband.
In the cause before us there is evidence of a palpable desertion upon the part of the husband, and for a time defined by law as sufficient to afford to the wife a proper reason for an application for a divorce. The desertion of the husband entitles the wife to her own domicil.
We deem that the Court below erred in its ruling, and the judgment must be reversed, with costs.