Martin v. Derenbecker

Citations

• 116 La. 495
• 40 So. 849
• 1906 La. LEXIS 522

Syllabus

<p>1. Husband and Wife—Community Property—Personae Injuries—Action by Wife.</p> <p>Under the law as it now stands, damages resulting from personal injuries to the wife do not fall into the community, but inure to her separate benefit, and the action for their recovery should be brought by the wife, with the usual authorization of the husband, or court.</p> <p>[Ed. Note.—Eor cases in point, see vol. 26, Cent. Dig. Husband and Wife, §§ 465, 467, 767, 768.]</p> <p>2. Same.</p> <p>The application of the words “personal injuries,” as used in Act No. 68, p. 95, of 1902, is not confined to physical injuries to the person of the wife, but extends to injuries to her feelings, resulting from abuse, slander, or libel.</p> <p>[Ed. Note.—Eor eases in point, see vol. 26, Cent. Dig. Husband and Wife, § 771.]</p> <p>3. Witnesses—Husband and Wife.</p> <p>In those personal actions of the wife which are under the- control of, and are brought by, the husband, both husband and wife are competent witnesses, but, in actions for damages resulting from personal injuries to the wife, the testimony of the husband should be excluded.</p> <p>[Ed. Note.—Eor cases in point, see vol. 50, Cent. Dig. Witnesses, §§ 144r-152.]</p> <p>4. Husband and Wife—Injury to Wife-Action by Husband—Proceeds of Judgment.</p> <p>Where the husband and wife are improperly joined as plaintiffs in an action for damages resulting from the slander and abuse of the wife, and the defendant (proceeding upon the theory that the action should have been brought by the husband alone, as upon a claim belonging to the community) interposes an exception of misjoinder, which is practically sustained by the exclusion of the wife’s testimony and rendition of a judgment in favor of the husband, the judgment so rendered may be affirmed, with the reservation that the proceeds are to be collected by, and are to inure to the separate use and benefit of, the wife.</p> <p>(Syllabus by the Court.)</p>