Gilmore v. Gilmore
Supreme Court of Louisiana
APPEAL from the District Court of the Parish of East Baton Rouge, Robertson, J. First. — The first point, upon which the plaintiffs rely, to sustain the illegality of the proceedings is, that the husband, Ghaodes Eubbs, not having appeared in the suit for partition, an order of court, authorizing his wife to appear was necessary before she acquired the right to stand in judgment; and that any decree of judgment rendered against her, until she obtained the authority “…
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APPEAL from the District Court of the Parish of East Baton Rouge, Robertson, J. First. — The first point, upon which the plaintiffs rely, to sustain the illegality of the proceedings is, that the husband, Ghaodes Eubbs, not having appeared in the suit for partition, an order of court, authorizing his wife to appear was necessary before she acquired the right to stand in judgment; and that any decree of judgment rendered against her, until she obtained the authority “ legitiman standi in judieio persona/m,” Was illegal and void. The necessity of an order, where the husband fails to make an…
1Opinion of the CourtBuchanan, J.
This is a suit to annul a judgment of partition and a sale made under the same; also for a partition of the property thus sold, between the plaintiff and her brother and sisters, the defendants, as joint heirs of their father and mother.
The action of nullity has three grounds, as stated in the argument of plaintiff in this court:
1st. That in the suit in which the judgment was rendered, that is sought to be annulled, there was no order of court authorizing the present plaintiff, defendant in that suit, a married woman, to appear and defend the action.
2d. The proceedings in partition, and the…
2Cited by3 opinions
- Ring v. SchilkoffskySupreme Court of Louisiana · 1925
- McDaniel v. HenryLouisiana Court of Appeal · 1935
- Sladovich v. Eureka Homestead SocietySupreme Court of Louisiana · 1926