Succession of Marinoni

On the question of res adjudicata I adhere to my original opinion. I thought when the case was before us originally and still think the exception of no cause of action should be sustained. I did not discuss that feature of the case because my associates thought it unnecessary.

It is stated in the majority opinion on rehearing that:

“Plaintiff does not pretend, on the above state of facts, that her mother was actually married to Ulisse Marinoni, Jr., and became his lawful wife. * * * Exceptors’ argument that no ceremonial marriage was performed is beside the question. * * * A putative marriage…