Powers v. Executors of Charbmury
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. 1. The general rule of law iu all civil cases, is that the burden of proof is upon plaintiff, who must make his case not only probable but certain. Hennen Dig.
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APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. 1. The general rule of law iu all civil cases, is that the burden of proof is upon plaintiff, who must make his case not only probable but certain. Hennen Dig. Evidence, xiii (a), 2To. 1. 2. A suit involving the question of marriage vel non, is no exception to this rule. 15 An. 410 ’ 20 An. 98; 15 An. 46. 3. Marriage in Louisiana is considered in no other light than as a civil coutract, which must he established as conclusively as any other fact. C. C. Art. 90; 15 An. 410 ; 30 An. 1398. 4. Such marriages only are…
1Opinion of the Court
*632The opinion of the Court, was delivered by
Poché, J.
Plaintiff, alleging that she is the sole heir of her sister, Julia Powers, who was the wife of Robert Y. Charmbury, claims the rights of her sister in the community which existed between her and her alleged husband, Charmbury.
The defense is, that Charmbury was not married to Julia Powers, and that he was never married at all.
This appeal is taken by the defendants from a judgment recognizing the existence and validity of the alleged marriage between Charmbury and Julia Powers, and turns upon the issue of marriage vel non.
As plaintiff has been…
2Cases cited1 opinion
- Holmes v. HolmesSupreme Court of Louisiana · 1834
3Cited by13 opinions
- Green v. New Orleans, S. & G. I. R.Supreme Court of Louisiana · 1917
- Succession of TysonSupreme Court of Louisiana · 1937
- Boykin v. JenkinsSupreme Court of Louisiana · 1932
- Succession of St. AngeSupreme Court of Louisiana · 1926
- Thomas v. ThomasSupreme Court of Louisiana · 1918
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