Brenan v. Montz

I fully concur in the foregoing opinion, but since appellant has relied almost exclusively on the opinion of this court in Derussy v. Derussy, La.App., 175 So.2d 15 (1965), of which I was the author, I wish to make further comment.

In the first place there is a quite different factual situation in the instant case from that presented in Derussy. The means available to the wife in this case are materially less sufficient than those available to the wife in Derussy. The question to be answered in all such cases coming under the provisions of LSA-C.C. art. 160 is: does the wife have sufficient…