Legal Opinion · Dissent

Gebbia v. City of New Orleans

Louisiana Court of Appeal

Decided December 6, 1965No. 1976Published

1DissentYarrut, Judge

I dissent from that part of the decree of the majority which reverses the judgment of the district court in favor of the wife for her lost wages, without increasing the award to the husband for a corresponding amount; thus leaving the community completely with a loss of the wife’s wages.

It is true that the earnings and wages of a wife, while living with her husband, form part of the community, recoverable by the husband. However, where, as here, the husband joins in a petition and prayer with his wife for the recovery of such wages by the wife, the husband has judicially authorized payment of…

2Cases cited3 opinions

  1. Anderson v. SimmonsLouisiana Court of Appeal · 1954
  2. Sarrett v. Globe Indemnity Co.Louisiana Court of Appeal · 1929
  3. Delacroix v. MeuxSupreme Court of Louisiana · 1876

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