Mixer v. Mixer

[229]

HARRISON, P. J.

In this action, brought by the plaintiff to procure an injunction against the defendant, the latter filed a cross-complaint against the plaintiff, under which she sought to recover for services rendered him by her. It is recited in the bill of exceptions that before the trial of the cause, the court had granted the injunction prayed for, and that the only questions for trial were the issues raised by the cross-complaint as to wages. Judgment upon these issues was rendered in favor of the defendant, giving her $360, the value of her services. The plaintiff has appealed.

The plaintiff alleges in his complaint that in July, 1901, he employed the defendant as a servant in his house at the wages of $20 per month, and that she continued to work for him until May, 1902, and that about that date he had discharged her from his employment, but that she refused to leave the house and claimed a right to remain there; and by so doing she deprived him of the free use of his property, and he therefore asked that she be enjoined from'further remaining in the house.

In her answer the defendant denied these allegations, and also denied that she ever had been employed by him as a servant; and by way of cross-complaint against him, alleged that they had once been husband and wife, but had been divorced in 1898, and that a few months thereafter, upon the plaintiff’s request, they had agreed to remarry, and that such marriage should take place in the state of Nevada; that, in pursuance thereof, they started for that state, and at Sacramento took passage upon a train which the plaintiff informed her would take them to Reno, and went to a place which she believed to be Reno; that while they were at that place she became unconscious, and upon recovering consciousness was told by the plaintiff that the marriage had taken place, and that they were again husband and wife; that they then returned to San Francisco and assumed marital relations at her place of residence; that at that time the plaintiff was the proprietor of a lodging-house in another part of the city, and that subsequently, at his request, she went with him to that place as his wife, and in connection with him assumed its management and control, and so continued until May 24, 1902, during all of which time she believed that she had been legally married to him and was his wife;