Garner v. Freeman

Citations

• 118 La. 184
• 42 So. 767
• 1907 La. LEXIS 690

Syllabus

<p>1'. Appeal — Review—Ageeed Statement of Facts.</p> <p>Where the causé was submitted on an agreed statement of facts, no point of law can be examined which does not arise from the facts stated, nor can the allegation of any fact not found in such statement receive attention.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 3344, 3345.]</p> <p>2. Homestead — Exemptions.</p> <p>The husband claiming a homestead exemption under article 244 of the Constitution of 1898 is not required as a condition precedent to prove that his wife does not own property exceeding $2,000 in value. Gamier v. Sheriff, 2 South. 797, 39 La. Ann. 884, reaffirmed.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 25, Homestead, § 15.]</p> <p>3. Exemptions — Construction oe Statute.</p> <p>Exemption laws must be construed with reference to the condition of things existing at the date of the seizure.</p> <p>4. Homestead — Residence.</p> <p>A plaintiff, having a wife and three minor children, is entitled to the homestead exemption, although they are not living with him at the date of the seizure and may have been earning a support for themselves.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 25, Homestead, §§ 35, 309.]</p> <p>5. Appeal — Review.</p> <p>Where the plaintiff claimed that certain personal property was exempt, and his ownership and possession at the date of the seizure are admitted by the statement of facts, the contention that he was not in actual possession at the time will not be considered.</p> <p>6. Homestead — Loss oe Right.</p> <p>The imprisonment of the plaintiff in the jail or penitentiary did not affect his right to the exemption claimed, which under the law was not so much for his benefit as for that of his wife and children,</p> <p>7. Appeal — Amendment oe Judgment.</p> <p>A judgment will not be amended, as between plaintiff and an intervener, co-appellees in the same suit.</p> <p>[Ed. Note. — For cases in point, s