89 P. 1083 | Cal. | 1907
These four appeals arise out of two actions commenced in the superior court — one by John A. Paxton against his father, Blitz W. Paxton, and his mother, Bessie E. Paxton, for maintenance, under section
As the two actions are substantially the same, we will direct our attention particularly to the one brought by John A. Paxton. It was averred in the complaint in this action that the plaintiff, John A. Paxton, is the son of the defendant; that he arrived at the age of majority on August 20, 1904, and "ever since has been and now is an adult person, and a poor person, who is unable to maintain himself by work"; that he is an invalid and totally blind, and his sight has been permanently lost and cannot be cured; and that by reason of his being an invalid and totally blind he is unable to work or render any service by which he could support himself. It is further averred that each of the defendants is able financially to contribute to his support — the details of this personal ability being stated; that he demanded of each of them that they support plaintiff, and they refused to do so; that a certain sum of money monthly would be a reasonable amount for his maintenance; and that plaintiff was totally unable to proceed with the litigation unless paid certain sums of money pendente lite for support, counsel fees, etc. The prayer is for a temporary allowance of money pendente lite, and that each of the defendants support plaintiff to the extent of the ability of each as long as he shall live and continue unable to support himself by work, and for such other relief, etc. The complaint fully brings plaintiff within the provision of section
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After the commencement of the action, on application of plaintiff, the court made an order that defendants show cause on a named day why an order should not be made that defendants pay plaintiff certain money pendente lite. Defendant Blitz made various objections to the hearing of this application, but they were overruled, and after a hearing the court ordered said defendant Blitz to pay plaintiff, pendente lite fifty dollars per month for maintenance, ten dollars for costs, and one hundred and fifty dollars for counsel fees.
Defendant demurred to the complaint, and his main objection to said pendente lite order is that the complaint does not state a cause of action, and the court had no jurisdiction to entertain it; and if that be so, of course the preliminary order appealed from was unwarranted. The most important question in the case is therefore whether such an alleged cause of action as is set forth in the complaint can be maintained in this state.
It will be observed that section
As we have occupied considerable space in discussing the main and most important point in the case, we will very briefly notice the other contentions of appellant.
The court having, as we have seen, jurisdiction to enforce the provisions of section
There was sufficient evidence to sustain the finding of appellant's financial ability to comply with the preliminary order to pay money pendente lite, and with any reasonable *673 final judgment that may be made; and the evidence introduced by respondent showed such ability was not erroneously admitted.
The motions for a change of venue were properly denied, as the defendant Bessie, whose residence was in the county where the action was commenced, was a proper party, and she did not join in the motion.
The plea in abatement on the ground of the pendency of another action was not maintainable.
There are no other points in the case which are tenable, or which call for special notice.
The points above noticed are the same as those arising in the case of Roma Paxton v. Blitz and Bessie Paxton, the only difference in the two cases being in the reasons given by Roma why she is unable to support herself, although she also fully brings herself in that regard within the provisions of said section
All and each of the four orders appealed from are affirmed.
Henshaw, J., and Lorigan, J., concurred.
Hearing in Bank denied.