Kirby

This action wets brought to recover damage alleged to have been caused by the payment to plaintiff’s husband of a deposit made by the spouses in defendant bank, and the withdrawal of which by the husband had been enjoined.

The complaint alleged that on March 14, 1924, the community property of the spouses consisted, among other things, of a bank account ór deposit with defendant bank in the sum of $2,521.80; that the deposit was in the names of plaintiff and her husband, Michael J. Kirby, “and in form to be paid to either said plaintiff or said Michael J. Kirby or the survivor of them”; that on the above date the plaintiff commenced in the superior court of the city and county of San Francisco an action for divorce against her husband on the ground of extreme cruelty; that on the same day in that action the court issued its order restraining Michael J. Kirby, “his agents and servants and each of them from selling, assigning, withdrawing or otherwise disposing of, or mortgaging or incumbering the community property of the parties to the action for divorce, including the aforesaid bank account . . ■. with said defendant . . . ”; that certified copies of the order were on the day of…