Saunders v. Burns
Supreme Court of Louisiana
PPEAL from the Eleventh District Court, Parish of Natchitoches. Pierson, J. 1. The incapacity of the wife is icmov(d by the antboiization of the husband or the judge. E. O. C. 1786. The objection is waived by previous pica and answer, in which the husband joined, and could not thereafter be urged by way of objection to the introduction of evidence.
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PPEAL from the Eleventh District Court, Parish of Natchitoches. Pierson, J. 1. The incapacity of the wife is icmov(d by the antboiization of the husband or the judge. E. O. C. 1786. The objection is waived by previous pica and answer, in which the husband joined, and could not thereafter be urged by way of objection to the introduction of evidence. C. P. 107, 118; 14 Ann. 805; 10 Ann. 504 ; 9 Ann. 216; 5 Ann. 369. 2. The individual creditor may exercise the revocatory action after he has obtained a final judgment against bis debtor*, without making bis debtor a party. E. C. C. 1972,1975. Tho…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This action is brought by plaintiffs, wlio are judgment creditors of Geo. W. Thompson, against Ms wife,.Sallie E. Burns, to annul, as fraudulent sinralations, a special mortgage and subsequent ■elation en paiement made by Thompson to bis said wife, in fraud of Ms creditors.
The action is brought against the wife alone. The husband is not ■cited or made a party and no relief is asked against him.
Serious objections are urged against the sufficiency of the authorization of the wife to enable her to stand in judgment.
Article 118, C. P., says : “…
2Cited by2 opinions
- Cartwright v. PuissigurSupreme Court of Louisiana · 1910
- Henry v. CatlettLouisiana Court of Appeal · 1929