Stone v. Stone

The defendant’s demurrer to the amended complaint was sustained with ten days leave to plaintiff to amend. On plaintiff’s failure to amend within the time allowed, judgment was entered in favor of defendant. From this judgment the plaintiff appeals. The sole question presented is whether the amended complaint states a cause of action.

The complaint alleges that prior to December 17, 1919, the parties were husband and wife; that at the time of the commencement of the action for divorce hereinafter referred to, the parties owned community property “consisting of money in bank and bonds and securities and other property, all of which was, at all times herein mentioned, well known to defendant”; that such money was “deposited in a joint bank account of the said parties . . . payable to either of said parties”; that “at some time subsequent to April 1, 1918, the exact time or times being unknown to this plaintiff, defendant herein, . . . without the knowledge or consent of plaintiff herein, . . . willfully and wrongfully withdrew the whole of the said community property and funds . . . and converted the same to her own use, and converted the same into other forms of property, or…