Houlton v. McGuirk

Citations

• 122 La. 359
• 47 So. 681
• 1908 La. LEXIS 461

Syllabus

<p>1. Appeal and ERROR (§ 612*) — Record—Certificate-Construction.</p> <p>A clerk certified that the foregoing pages contained a true, correct, and complete transcript of all the proceedings had, documents filed, and evidence adduced on the trial of the above entitled and numbered cause instituted in the court specified “and now in the record thereof.” Held, that the words quoted modified the word “cause,” and not “all the proceedings had, documents filed, and evidence adduced,” and that the certificate was therefore sufficient.</p> <p>[Ed. Note. — Eor other cases, see Appeal and Error, Cent. Dig. §§ 2698-2701; Dec. Dig. § 612.*]</p> <p>2. Divorce (§ 115*) — Adultery—Adulterous Disposition.</p> <p>In an action for divorce for adultery, evidence of incidents showing defendant’s adulterous disposition, though not connected in time or place with the alleged act of adultery, are relevant to add to the probability of her having committed the acts relied on.</p> <p>[Ed. Note. — Eor other cases, see Divorce, Cent. Dig. §' 373; Dec. Dig. § 115.*]</p> <p>3. Divorce (§ 129*) — Adultery—Evidence.</p> <p>In an action for divorce for adultery, evidence held sufficient to sustain a finding of defendant’s guilt.</p> <p>[Ed. Note. — Eor other cases, see Divorce, Cent. Dig. § 411; Dec. Dig. § 129.*]</p> <p>4. Divorce (§ 124*) — Evidence — Presumptions.</p> <p>In an action for divorce for adultery, evidence that plaintiff and defendant were living together as husband and wife, and passed as such in the community in which they lived, created a presumption of marriage which was sufficient proof thereof, in the absence of any denial.</p> <p>[Ed. Note. — Eor other cases, see Divorce, Cent. Dig. § 396; Dec. Dig. § 124.*]</p>