Supreme Court of Louisiana, 1873

Sommers v. Schmidt

Sommers v. Schmidt
Supreme Court of Louisiana · Decided March 15, 1873 · Howell, Ludeling, Morgan, Taliaferro, Wyly
25 La. Ann. 193

Sommers v. Schmidt

Opinion of the Court

Wyly, J.

This suit must be dismissed, because it was brought by the plaintiff, a married woman, without the authorization of her husband.

Where the husband has not appeared with his wife, the latter must show his authorization otherwise than in her own averments, or those of her counsel. Succession of Pomroy and authorities there cited. 21 An. 576.

It is therefore ordered that this suit be dismissed at plaintiff’s •costs.

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