Eloi v. Mader
Supreme Court of Louisiana
Appeal from tbe Commercial Court of New Orleans, Watts, J. 1. That the legitimacy of the plaintiff resulted from the marriage of his mother. Civ. Code, art. 203. Code Napoleon, art. 312. 2. No one but the husband of the mother can contest his legitimacy ; the plaintiff cannot repudiate his own legitimacy. Civ.
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Appeal from tbe Commercial Court of New Orleans, Watts, J. 1. That the legitimacy of the plaintiff resulted from the marriage of his mother. Civ. Code, art. 203. Code Napoleon, art. 312. 2. No one but the husband of the mother can contest his legitimacy ; the plaintiff cannot repudiate his own legitimacy. Civ. Code, arts. 210, 211. Gode Napoleon, art. 316. 2 Toullier, Nos. 832' — 838. 3 Duranton, Nos. 64 — 79. 1 GEuvres de Cochin, p. 208. 2 lb., 191, 192. Tate v. Penne, 7 Mart., N. S., 549. ,3. The amendment was properly allowed. Del Rio v. Gordon, 14 La., '418. 1 Smith, 293. Kingscote v.…
1Opinion of the CourtMorphy, J.
The petitioner claims as the heir of Marie Fou-teneau, his mother, one third of certain moneys and notes which were received by the defendant, his brother in law, from. Jean Baptiste Eloi, who is alleged to be his father. Annexed to the petition is a certificate of baptism, in which the plaintiff is declared to be the legitimate son of J. B. Eloi and Marie Fonteneau, and a receipt of the defendant, stating that the money and notes delivered to him -by J. B. Eloi, are the aggregate amount of the shares of his three minor children, Paul, Augustin, and Evelina Eloi, in the estate of their…
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