The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-01-10
THREE SUITS FOR
DIVORCE ON HAND
Eva L Phillips Kept Busy
With Marital Liti-
cation.
She Demands a Share of Her
Husbands $1,000, 900 Worth
of Property.
Will &C to Minnesota for the Pur.
pose of Defending Her Rights
in the Courts.

Mrs. Eva L. Phillips has filed another
in Interesting affidavit in her legal contest
for part of the immense fortune of her
husband, H. G. Phillips, who suddenly
sprung into prominence as millionaire
from South Africa.
Several years ago Mrs. Phillips came to
San Francisco. ana in due time acquired
residence here and sued for a divorce.
The court heard her story and an order
was made from the bench allowing a di-
vorce. The lady's attorney neglected to
have the decree signed and no judgment
roll was ever made up, owing to the care
lessness of her lawyer.
This neglect now appears 10 be benef-
cial to Mrs. Phillips, according to her
opinion, for she holds that the decree of
divor was not final, and when she heard
of her husbands sudden accession to
atf1uence she hired new lawyer in the
person of 2. J. Mogan, who moved to
have the action dismissed because her
husband had failed to enter an appear
ance and answer.
Judge Seawell held that she had right
to demand dismissal of the case and
ordered the dismissal accordingly.
Mrs. Phillips affidavit takes up the
story at this point and carries it to it's
somewhat sensational continuation. the
conclusion of which will be reached, in all
probability, after all the legal processes of
the Supreme courts of California aud
Minnesota have been exhausted, for the
lady announces that the scene of the con-
test is soon 10 be transferred from this
State to Min nesota.
The point for which Mrs. Phillips is
pressing at the present moment is that
the orGer dismissing her action shall be
entered in the judgment book, in order
that she may be sure that she is still
Phillips wife.
Touching this important matter Mrs.
Phillips says that though she left a writ
ten order directing the clerk Of the court
to enter her dismissal he has failed to do
so because the Judge has forbidden him
to do so until further order of court. In
explanation of her intentions Mrs. Phil
| lips says that she does not wish the case
reopened, as the defendant has not placed
himself or his property within the jutis-
dicton of this court, and has made no ap-
| pearance in this case except to move for
entry of the judgment roll.
A more serious phase of the controversy
has developed from the fact that her hus-
band, Phillips, brought suit against her
for desertion on the 4th day of last Novem-
Der in Blue Earth County, Minnesota,
! which action is still pending. she AYERS
that she has determined to go TO Minne-
sofa and fight the matter out there, pro-
vided she can secure final action of tn e
Superior Court of this County, which will
prevent the entry of judgment declaring
her divorced. She considers herself the
aggrieved party and thinks that he should
not be permitted to profit by any action
! she may have heretofore taken, inasmuch
| as it was not pursued to tinality.
The sole object of her husband in de-
handing entry of judgment, Mrs. Phillips
says, is to deprive her of all her rights TO
| the. com munitv property, which she has
reason to believe amounts to several mil
lion dollars; that she has with her in this
City a minor child, whom defendant also
wish.s to deprive OF support because of
her natural affection for her mother; that
although reyeling in wealth for over five
years last past, defendant has failed to
contribute anything for the support of
herself or their minor daughter.
Attorney w. III. II. Hart, representing
Phillips. saws that his client expects to
show that Mrs. Phillips considered her
self divorced strong enough from the fact
that soon after the order of divorce was
made in court, she was married to William
A. Bradford, who lived at Ill Van Ness
avenue. Bradford IS now suing Mrs.
Phillips. or Bradford, for a divorce, so
taken altogether, the lacy is having her
full share of LITIGATION, as she has pending
three divorce suits, two in this City and
one in Minnesota.
The struggle for share of what Mrs.
Phillips describes as community property
will attract wide attention. Mrs. Phillips
contends that Phillips concealed the COM
munity property from her ard took it to
South Africa. where, by investing it in
gold mines and diamond fields, he in
creased it to about $1,000, 600. Phillips
does not deny that he is wealthy, but says
he was pauper when he went to South
Africa, and that he gained his riches by
fortunate discoveries of the yellow metal
and precious stones.