Ross v. Ross
Supreme Court of Louisiana
APPEAL from the Fifth District Court for the Parish of Orleans. Rogers, J. 1. The civil effects of a marriage of slaves, with the consent of their masters, is only dormant during slavery, and when they are emancipated and continue to cohabit as man and wife, all the civil effects attach from the date of the celebration of the marriage.
Read the full summary
APPEAL from the Fifth District Court for the Parish of Orleans. Rogers, J. 1. The civil effects of a marriage of slaves, with the consent of their masters, is only dormant during slavery, and when they are emancipated and continue to cohabit as man and wife, all the civil effects attach from the date of the celebration of the marriage. Bishop on Marriage, Secs. 311, 214; O. 0. C. 182; 6 M. 559; Bishop, §§ 159, 160, 161, 162; 25 A. 617 ; 30 A. 1168. 2. Cohabitation after emancipation is a ratification, and like in all other civil contracts, not prohibited by law omnis ratikdbitio retrotrahitur…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Plaintiff and defendant, while they were both slaves, were married, with the consent of their owners, in 1842. He subsequently acquired his freedom by consent of his owner. She remained a slave until the abolition of slavery. After they were both free, they continued to live together as man and wife. Subsequently, plaintiff instituted proceedings for divorce against the defendant, and judgment was rendered therein, in her favor, decreeing a divorce, which was signed in July, 1877, and from which no appeal was ever taken., The present action…
2Cited by1 opinion
- Meyers v. MeyersSupreme Court of Louisiana · 1916