Beasley v. Jenkins

Citations

• 117 La. 577
• 42 So. 145
• 1906 La. LEXIS 734

Syllabus

<p>1. Husband and Wife — Debts of Husband —Disability of Wife.</p> <p>The wife’s disability to bind herself for the payment of her husband’s debts may be urged after judgment. Even then the disability must be timely urged.</p> <p>[Ed. Note. — Eor cases in point, see vol. 26, Cent. Dig. Husband and Wife, § 856.]</p> <p>2. Same — Plea in First Suit.</p> <p>Plaintiff pleaded her disability in the original suit against her. She failed to produce proof. She availed herself of certain averments of record upon which she based her claim of disability. This was owing to an error — a mistake of the clerk in copying documents. The error was corrected, and left her with scant ground of defense upon the score of her disability.</p> <p>3. Appeal — When Lies — Remedy in First Suit.</p> <p>Having filed the plea of disability in the first suit, she must look to her appeal from the judgment (in the original suit) for redress, or to an appeal from the order of the district judge refusing to grant an injunction.</p> <p>4. Judgment — Restraining Enforcement— Wife Surety for Husband — Judgment Sought to be Enjoined.</p> <p>She alleged no new ground in her application for an injunction against the execution of the judgment which had been obtained against her. She made no showing going to prove that the debt for which judgment had been rendered was her husband’s debt. Her cause does not fall within the terms of the decisions in which it is held that, even after judgment, the wife may prove, in proper proceedings, that she was the surety of her husband and that the certificate which had been issued to her was issued in error.</p> <p>[Ed. Note. — For cases in point, see vol. 30, Cent. Dig. Judgment, §§ 808-815.]</p> <p>5.Mandamus — When Granted.</p> <p>The court will not, in such a case, order mandamus to issue to compel the judge a quo to issue an injunction.</p> <p>[Ed. Note. — For cases in point, see vol. 33, Gent. Dig. Mandamus, § 9.]</p> <p>(Syllabus by the Court.)</p>