Crowley
Murphy v. Crowley
Opinion
lead Opinion
Dyke, J.
The court below sustained a demurrer to the amended complaint, and, plaintiff failing to amend again within the time allowed for such purpose, judgment was entered for the defendants. The appeal is taken from the judgment upon the judgment-roll. The amended complaint states substantially the following facts: That the plaintiff is of the age of twenty-three years, and the wife of John P. Murphy; that at the age of one and a half years, to wit, in 1877, plaintiff was an orphan of the name of Ellen E. Barry, and was then received into the family of Daniel F. Crowley and his wife, Elizabeth Crowley, and was by them reared, nutured, and educated the same as though she had been their child, and until the death of Elizabeth Crowley, June 24, 1890; that she thereafter continued to reside with Daniel F. Crowley as his daughter, and that in January, 1890; a few days after the death of Elizabeth, his wife, the plaintiff was adopted by said Daniel F. Crowley by an order and decree of the superior court of the city and county of San Francisco; that, about three months after the death of his said wife, Crowley became addicted to the use of alcoholic liquors to such an extent as to partially…