Appeal from the District Court .of the Fourteenth Judicial District, County of Nevada.

This is an action brought by the plaintiff, claiming to be the widow of W. J. Cady, deceased, for her distributive share of his estate, under the Statute of Distributions.

In her original complaint, the plaintiff alleged that “heretofore on the — day of-, 1853, to wit, in the county aforesaid, (Eevada,) by mutual contract between W. J. Cady and herself, they entered into the relation of husband and wife.”

Upon being allowed to amend her complaint, the plaintiff struck out the above averment, and inserted the following: “ That heretofore, to wit, on the — day of-, A. n. 1853, at, to wit, in the State of California, the said plaintiff was keeping a restaurant and public saloon in the city of Grass Valley, in the county of Nevada, and had been so engaged for several months previously; that in said business she had accumulated money to the amount of five or six hundred dollars, besides property of the value of some five hundred dollars.

“ Plaintiff further represents that on the day and year first above mentioned, while engaged in the business aforesaid, W. J. Cady, brother of the present defendant, made proposals of marriage to her, which proposals she accepted; and in accordance with his expressed wishes, consented to relinquish her then business, sell out her property, and live with him as his true and lawful wife; that in obedience to this request on his part, she did abandon her business, and bjihis aid and assistance sell out and dispose of her said property, and give the proceeds thereof to him, and from thenceforth lived and cohabited with him as his wife, always conducting herself as a true, faithful, and affectionate wife should do.”

To the amended complaint the defendant demurred, on the ground that it did not state facts sufficient to constitute a cause of action. The point made was, that the "complaint did not contain any averments of marriage of the plaintiff with the deceased. The Court sustained the demurrer, and dismissed the suit.

Prom the judgment, the plaintiff appealed.