McCaffrey v. Benson
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans \ Lissot, J. 1. The exception that the petition disclosed no right of action, because plaintiff was guilty of bigamy, and the judgment maintaining such exception and dismissing plaintiff’s suit, is res adjudicata between the paitiesasto all matters contained in the petition.
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APPEAL from the Civil District Court for the Parish of Orleans \ Lissot, J. 1. The exception that the petition disclosed no right of action, because plaintiff was guilty of bigamy, and the judgment maintaining such exception and dismissing plaintiff’s suit, is res adjudicata between the paitiesasto all matters contained in the petition. C. C. 2*286, 2287, 1 Ann. 47; 19 La. 328; 3 Ann. 446; 12Aun.l97; 23 Ann. 619; 14 La. 59. 2. It matters not under what form, whether by petition, exception, rule or intervention, the question be presented, whenever the same question recurs between the same…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
By the judgment of this court, in the case entitled McCaffrey vs. Benson, reported in the 38th Ann. p. 198, a marriage previously contracted between the parties to this litigation, was declared a nullity on the ground that plaintiff was incapacitated from contracting a lawful marriage at the time that she attempted to marry the defendant Benson.
Her object in the present suit is to judicially enforce the civil effects alleged to have resulted from said marriage, under the provisions of Articles 117 and 118 of the Civil Code, which are in the…
2Cited by15 opinions
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- Miller v. WigginsSupreme Court of Louisiana · 1921
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