Nissen v. Farquhar

Citations

• 121 La. 642
• 46 So. 679
• 1908 La. LEXIS 733

Syllabus

<p>1. Witnesses — Competency — Separation prom Bed and Board — Alimony—Husband as AVitness.</p> <p>Though the husband knows better than any one else possibly can what his means are, he cannot be called upon by the wife to give testimony on that subject, so long as article 2281 of the Civil Code remains as it is. Though evidence on that subject has been received from him, the court will not give it effect, though no bill of exceptions was reserved.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 50, Witnesses, §§ 167-172.]</p> <p>2. Divorce — Alimony—Amount Awarded.</p> <p>The statute does not disclose the elements upon which the conclusions of the court must rest in fixing the amount of alimony to be awarded to a wife pendente lite. Each case depends on its special facts, and the matter is left greatly to the discretion of the trial judge. She should be granted an amount sufficient for the decent support and maintenance of herself and child, proportioned to the means of the husband.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 17, Divorce, §§ 613-615.]</p> <p>3. Same — Application—Delay.</p> <p>There is no legal objection to the wife’s coupling in the same application a prayer to be assigned a residence with a prayer to be granted alimony pendente lite. The wife does not forfeit her right to such alimony by a delay in calling upon the court for action upon her demand for the same.</p> <p>4. Same — Award of Alimony — Grounds — Necessitous Condition of Wife.</p> <p>The wife is not required, in a suit for separation from bed and board from her husband, to prove as a condition precedent to being granted an order for alimony that she is in necessitous circumstances. The relations of husband and wife continuing during such suit, the husband is under a legal obligation to furnish her support. If the condition of the wife is such as to release the husband from doing so in any particular case, that fact should be alleged and proved as a matter of d