Schreiber v. Beer's Widow & Heirs
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Porter Parker, Judge. • Suit by Mrs. Jeanne C. L. Schreiber against the widow and heirs of Ferdinand Beer to revive a judgment against the succession and to obtain a judgment against the widow and heirs individually for the debt represented by the judgment. Suit dismissed .on an exception of no cause of action, and plaintiff appeals.
1Opinion of the CourtProvosty, J.
Plaintiff, Mrs. Jeanne Schreiber, sues the widow of Ferdinand Beer as survivor in community, and his children, issue of his marriage, as his heirs, to revive a judgment heretofore rendered against him. The petition not alleging that the defendants respectively have accepted the community and the succession, an exception of no cause of action was sustained below.
Such an allegation was unnecessary. What the law presumes to exist need not be alleged; and, when the community is dissolved by the death of the husband, the widow is presumed to have accepted unless she has renounced. Ludeling v.…
2Cases cited4 opinions
- Ludeling v. FeltonSupreme Court of Louisiana · 1877
- Snoddy v. BrashearSupreme Court of Louisiana · 1858
- Citizens Bank v. Heirs of JordaSupreme Court of Louisiana · 1893
- Audrich v. LamotheSupreme Court of Louisiana · 1857
3Cited by22 opinions
- Tillery v. FullerSupreme Court of Louisiana · 1938
- Sun Oil Co. v. TarverSupreme Court of Louisiana · 1951
- Iberville Bank & Trust Co. v. ZitoSupreme Court of Louisiana · 1929
- Gahn v. BrownSupreme Court of Louisiana · 1925
- Armato v. RossLouisiana Court of Appeal · 1936
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