Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 61

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 61

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt: ... lt was well and clearly decided under the old code that the statute regulating the rights of husband and wife was a real, and not a personal statute. llence said the court: "lt follows then, as n consequence, that property within the limits of this State must, on the dissolution of the marriage, be distributed according to the laws of Louisiana, no matter where the parties reside; because viewing the statute as real, it is the thing on which it operates that gives it application, not the residence of the person who may profit by the rule it contains." Cole's 1r1_'fe, 7 N. S. 44 (id. p. 47.) To same effect, Saul v. His Creditors, 5 N. S. and Dixon v. Dixon, 4 La. 190; lst Partidas, p. 532, Tit. 11; L. 24. This reasoning we maintain, hasa force of logic, that ever has, and ever will resist all assault. Grant the proposition that the law of community isa real statute, and the consequence deduced in Cole's case is an inevitable result. In fact, the definition of a real statute may be rendered, a law which exerts its force independent of the personal incidents of parties, to be affected by it. 3 An. 426. But in Packwood's case, and long since the C. 0., the court, with much display of learning, aflirm the doctrine that the law of community is a real statute. 9 Rob, 443. By what new logic, then, can it be maintained, that by inference and deduction, and not the language of the new code, that a prominent object and result of this real statute is to discriminate between the residence of persons who claim its benefits?. The new code has said, (which the old code omitted to say)--"A marriage contracted out of the State, between persons who afterwards come here to live, is also subjected to the community of acquets and...
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Product details

  • Paperback | 512 pages
  • 189 x 246 x 26mm | 903g
  • United States
  • English
  • black & white illustrations
  • 1236772695
  • 9781236772695