Opinion

Murff v. McCloskey

  • 138 La. 72
  • 70 So. 41
  • 1915 La. LEXIS 1819
Court
Supreme Court of Louisiana
Filed
Oct 18, 1915
Status
Published
On the bench
Land
Cited by
1 cases

The opinion

On the Merits.

[1] Regardless of the amended and supplemental petition, the suit was pending on the original petition and answer, which furnished a sufficient basis for the rule for alimony. Such a rule may be filed at the inception of the suit, or at any stage thereof, because the law declares that:

“If the wife has not a sufficient income for her maintenance during the suit for separation, the judge shall allow her a sum for her support, proportioned to the means of her husband.” Civil Code, art. 148.

We are of opinion that the judge a quo erred in dismissing the rule for alimony, and it is therefore ordered that the judgment appealed from be annulled, avoided, and reversed, and that this cause be remanded for further proceedings according to law on said rule for alimony; costs of this appeal to be paid by the defendant and appellee.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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