Succession of Gabisso

Citations

• 119 La. 704
• 44 So. 438
• 12 Am. Ann. Cas. 574
• 1907 La. LEXIS 541

Syllabus

<p>1. Divorce — Operation and Effect — Right to Mabry.</p> <p>A maxTiage, between one who has been divorced for adultery, and the accomplice in such adultery, is absolutely and incurably null, and produces no civil effects, if the accomplice was aware of the status of tlie other party when the adultery was committed.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. voi. 17, Divorce, §§ 818-820.]</p> <p>2. Same — Identification of Accomplice-Sufficiency.</p> <p>Where the petition for divorce specifically charges adultery and concubinage between the defendant and a named accomplice, as the sole gi-ound upon which the judgment prayed for could be rendered, and the judgment of final divorce recites that it was rendered after due proof, though the evidence be not preserved, the identification of the accomplice is complete, fox-all tlie purposes of Oiv. Code, art. 161, prohibiting and declaring null marriages between persons who are divorced for adultery and their accomplices in such adultery.</p> <p>8. Constitutional Law — Self-Executing Provisions — Prohibiting Certain Marriages.</p> <p>A constitutional provision, prohibiting marriages between white persons and persons having one-eighth, or more, negro blood, is self-acting, in the absence of any other provision m the same instrument limiting its operation.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 10. Constitutional Law, § 33.]</p> <p>4. Marriage — 'Validity—What Law Governs.</p> <p>The rule that marriages, valid where made, are valid everywhere, is subject to exceptions, one of which is that, where a resident and citizen of one state goes into another, and there contracts a marriage prohibited, from considerations of public policy and good morals, by the law of his domicile, such law cannot successfully be invoked in support of the marriage so contracted, or of claims predicated upon the validity thereof.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Marriage, § 3.]</p> <p>5.