6 Rob. 342 | La. | 1844
The plaintiff, having obtained a judgment, levied his execution on the contents of a hat and clothing store in Chartres street, as belonging to the defendant. The wife of the latter, Jane Darcy, filed an opposition, claiming the goods seized as her individual and separate property. The evidence shows, that on the 10th of August, 1841, the opponent, by a decree of the .District Court, was separated in property from her husband, who had failed some time before, and that her separation was duly advertised according to law. From this decree she appears to have brought no dowry in marriage, and to have had no rights or claims against the defendant» The evidence further shows, that at the time of the levy, and long before, she was in the occupancy of the store, which was rented by her; that the goods seized were purchased and paid for by her after the judgment of separation, and were insured in her name ; that she is a person of remarkable industry as a seamstress; and that she manufactured herself, and supplied the store with all the ready made clothing sold in it, and that she carried on business in lier name as a retailer, although the defendant was about the store, and attended With her to the management of it. Under these facts, the Judge below sustained the' opposition of Jane Darcy, and set aside the seizure ; whereupon, the plaintiff appealed.
■It is contended, on the part of the appellant, that the judgment of separation relied on, is, on its face, null and void ; as it shows none of the circumstances which, under article 2399 of the Cjvil Code, authorize a judicial separation between husband and wife ; in other words, that a wife who has brought no dowry, and has no rights and claims to exercise against her husband, cannot obtain a separation of property. Even admitting that the appellant can, in this way, attack the validity of a judgment of separation rendered by a court of competent jurisdiction, which may well be questioned, it appears to us that the ground he has taken cannot avail him. It is true, that in the article referred to, the danger the wife is In of losing her dowry from th,e mismanagement of her husband, or the belief created by the disorder of his
Judgment affirmed.