Ginsberg v. Groner

Citations

• 117 La. 268
• 41 So. 569
• 1906 La. LEXIS 685

Syllabus

<p>1. Exemptions — Pkopeety Subject.</p> <p>Where the only property belonging to either of two spouses separated in property from each other consists of a small house and lot, a small stock of goods, and movables, the whole amounting in value to less than $2,000, and falling under the terms of the right of exemption, the wife is entitled to an exemption upon said property from seizure and sale by her creditors where the house is occupied by the husband, the wife, and seven children as a residence, and the stock of goods therein employed by the wife in carrying on a small trade through which the whole family is supported.</p> <p>2. Same — Head oe the Family.</p> <p>Under artiele 244 of the Constitution of 1898 a right of exemption is granted to the extent and upon the things therein specified, not only to every “head of a family,” but to every person having a person or persons dependent upon “him” or “her” for support. While it is true that the husband, so long as the marriage continues, is in one sense “the head of the family,” it does not follow that the burden and duty of supporting the family does not under some circumstances rest upon the wife (Civ. Code, art. 2435), and that condition of things is shown to exist in this case. That fact with its legal consequences is not affected because the husband may give his time and attention to the conducting of the wife’s business! The utmost that can be claimed is that he thereby contributes something towards his own support.</p> <p>[Ed.. Note.- — For cases in point, see vol. 23, Cent. Dig. Exemptions, §§• 15-19; vol. 25, Cent. Dig. Homestead, §§ 22-27.]</p> <p>(Syllabus by the Court.)</p>