Further examination and consideration of the articles of the Code and the several cases referred to and discussed in the application for rehearing, justify the judgment of this court, we believe.
The case of Hill v. Hill,
Hill v. Hill first went up to the Supreme Court in 1904.
Hill v. Hill was next up before the Supreme Court in 1905.
On the same May 18, 1904, that Mrs. Hill had instituted her suit for absolute divorce, favorable judgment in which was reversed by the Supreme Court on February 13, 1905, she had also instituted an action "for the purpose of ascertaining what property belonged to the community and of having the same sold to effect a partition between the parties," to quote from the opinion of the Supreme Court to which this particular case was also appealed, the decision affirming the judgment of the lower court, as amended, having been rendered on June 5, 1905, and being the Hill v. Hill,
A reading of the reported decision in
The Supreme Court said (
Referring to this report of the Hill v. Hill Case,
It is true that the Supreme Court amended the judgment of the district court by charging against the wife's award the sum of $3,150 collected by her as alimony. This, however, does not lend strength to counsel's argument in support of his application for rehearing. The community was dissolved as of date October 24, 1902, the date upon which the wife filed her suit for separation from bed and board, and in the final settlement thereof, as of that date, it was established that the husband, who was at all times in possession of the assets, owed his wife, as the other party to the partition being effected, the cash sum of over $50,000, for which the district court subsequently gave judgment; and this judgment the Supreme Court amended by crediting thereagainst the sum of $3,150 paid out by the husband in alimony after the dissolution of the community on October 24, 1902, the date upon which the wife filed her suit for separation from bed and board and prayed for alimony.
For the foregoing reasons, the application for rehearing is hereby refused.