Adams v. Baker
Decision Date | 21 December 1898 |
Docket Number | 1,540. |
Citation | 55 P. 362,24 Nev. 375 |
Parties | ADAMS v. BAKER et ux. |
Court | Nevada Supreme Court |
Appeal from district court, Ormsby county; C. E. Mack, Judge.
Action by F. B. Adams against Archer Baker and wife. From an order denying a motion to discharge the judgment for costs obtained by the wife, plaintiff appeals. Reversed.
Trenmor Coffin, for appellant.
Alfred Chartz, for respondents.
In a suit for the recovery of their homestead, Mrs. Baker recovered judgment for her costs, taxed at $83.65, but judgment was rendered against her husband for $938 and costs. Motion was made by plaintiff to discharge the larger judgment, pro tanto, by the smaller. The motion was supported by an affidavit showing that the defendants were, and had been for many years, husband and wife, that the judgment standing in Mrs. Baker's name is community property acquired by their joint efforts since marriage, and "that in so far as said costs have been paid by defendants, or either of them, they were paid out of the money earned, obtained, or accumulated by defendants since their said marriage." No showing to the contrary was made. The motion was denied. Plaintiff appeals.
The act defining the rights of husband and wife, approved March 10 1873, provides:
It is plain that under these provisions of law, and upon the facts established, the offset, pro tanto, should have been allowed. In support of the order it is said, first, that the parties are not the same, and for this reason, the law of set-off does not apply; and, second, it is claimed that Mrs. Baker earned her judgment for her costs, and under section 13 of the above-mentioned law "the earnings of the wife are not liable...
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Cole v. Ralph
...Rev. Laws 1912, §§ 2155-2160; Crow v. Van Sickle, 6 Nev. 146; Lake v. Bender, 18 Nev. 361, 384, 385, 4 Pac. 711, 7 Pac. 74; Adams v. Baker, 24 Nev. 375, 55 Pac. 362; Malstrom v. People's Ditch Co., 32 Nev. 246, 260, 107 Pac. There was here a contract with Thatcher and Forman like that relat......
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In re Wilson's Estate
... ... the community. Malmstrom v. People's Drain Ditch ... Co., 32 Nev. 246, 107 P. 98; Adams v. Baker, 24 ... Nev. 375, 55 P. 362 ... Generally, ... property purchased by either husband or wife during the ... existence ... ...