CHRISTIANA v. ROSE

Docket No. 14313.

100 Cal.App.2d 46 (1950)

222 P.2d 891

ANTONE T. CHRISTIANA, Appellant, v. JULIA ROSE, Respondent.

Court of Appeals of California, First District, Division One.

October 20, 1950.


Attorney(s) appearing for the Case

Taft, Wright & Hopkins and Millard Smith for Appellant.

David O. Oliphant, Jr., for Respondent.


PETERS, P.J.

May a husband, living separate from his wife, the latter having custody of their children, where one of the children is killed by the negligence of a third person, and where the wife sues for and recovers her damages caused by such death, successfully maintain an action against the wife for one-half of her judgment on the theory that such recovery is community property? That is the main question involved on this appeal. The trial court, while holding...

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