Legal Opinion

Smith v. Smith

Supreme Court of Louisiana

Decided December 15, 1891No. 10,828PublishedCited by 67 opinions

APPEAL from the Oivil District Court for the Parish of Orleans. Voorhies, J. 1. The Legislature of a State, which was the residence of one or both parties, and where their marriage was celebrated, may prescribe the manner in which suit for divorce may he prosecuted in its courts, though only one of the parties be in, or a resident of, the State where such suit is instituted.

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APPEAL from the Oivil District Court for the Parish of Orleans. Voorhies, J. 1. The Legislature of a State, which was the residence of one or both parties, and where their marriage was celebrated, may prescribe the manner in which suit for divorce may he prosecuted in its courts, though only one of the parties be in, or a resident of, the State where such suit is instituted. Rev. Stat. of Maine, 1871, p. 188, Secs. 2, 4; Rev. C. O. La., Arts. 141, 142, 145; Warren vs. Inhabitants of Warren, 43 Me. 418; Cheevor vs. Wilson, 9 Wal.,U. S. S.,C. 123; 2Bish. on Mar. and Div. 475; Shouler on Husband…

1Opinion of the Court

The opinion of the court was delivered by

Fenner, J.

The action is brought by plaintiff, as the surviving wife of Alexander Smith, to recover the marital fourth of his estate, as provided by Art. 2882 of the Revised Civil Code, which declares : £ £ When the wife has not brought any dowry, or when what she has brought as a dowry is inconsiderable, with respect to the condition of the husband, if either the husband or wife die rich, leaving the survivor in necessitous circumstances, the latter has the right to take out of the succession of the deceased what is called the-marital portion; that is,…

2Cases cited5 opinions

  1. Cheever v. WilsonSupreme Court of the United States · 1870
  2. People v. DawellMichigan Supreme Court · 1872
  3. Sewall v. SewallMassachusetts Supreme Judicial Court · 1877
  4. Shea v. City of OttumwaSupreme Court of Iowa · 1885
  5. Chesapeake & Ohio Railroad v. VirginiaSupreme Court of the United States · 1877

3Cited by67 opinions

  1. Haddock v. HaddockSupreme Court of the United States · 1906
  2. Atherton v. AthertonSupreme Court of the United States · 1901
  3. Johnson v. WelshSupreme Court of Louisiana · 1976
  4. Herron v. PassailaigueSupreme Court of Florida · 1926
  5. Funderburk v. FunderburkSupreme Court of Louisiana · 1949

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