Imhof v. Imhof
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. 1. A party to a judicial record is precluded from disproving' a tiling’s value attested or acquiesced in by him. 33 An. 352; 40 An. 189, 763. 2. This value is shown by evidence aliunde not to be incorrect in fact. / 3. The trial judge erred in not allowing appellant $500 as a claim of hers against the parties’ community. 4. The rent of community property accrued between the date of a suit for…
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APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. 1. A party to a judicial record is precluded from disproving' a tiling’s value attested or acquiesced in by him. 33 An. 352; 40 An. 189, 763. 2. This value is shown by evidence aliunde not to be incorrect in fact. / 3. The trial judge erred in not allowing appellant $500 as a claim of hers against the parties’ community. 4. The rent of community property accrued between the date of a suit for separation from bed and board and the day of the sale thereof, made to effect a partition, is a necessary asset of the…
1Opinion of the Court
The opinion of the court was delivered by
Nichodls, C. J.
The plaintiff in May, 1891, instituted, for reasons assigned, against his wife, to whom he was married on the 16th November, 1876, a suit for a separation from bed and board, and a dissolution of the community.
He alleged there were no children issue of their marriage. That he had in his possession and under his control some property, to-wit: his business and appurtenances thereto belonging, which the law would hold as community property — that he had not been prosperous, that in fact he was seriously embarrassed, and said community is…
2Cited by9 opinions
- Farley v. Frost-Johnson Lumber Co.Supreme Court of Louisiana · 1913
- Snow v. SnowSupreme Court of Louisiana · 1937
- Brian v. BonvillainSupreme Court of Louisiana · 1902
- Castleman v. SmithSupreme Court of Louisiana · 1920
- Gravier v. GravierSupreme Court of Louisiana · 1942
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