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214 La. 881

39 So.2d 162

Smith v. Smith

Supreme Court of Louisiana

Decided February 14, 1949

Supreme Court of Louisiana · decided 1949-02-14

Relies on Succession of Saloy · Succession of Flynn · Dejol v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1949-02-14

How this case has been cited

Cited by 10 later decisions — most recently October 2002

10 state decisions

401949195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HAMITER, Justice.

¶1 Because of the regrettable, as well as unusual and unnatural, defense offered herein on behalf of and by the wife in resisting the demand of her husband for part time custody of her child, we prefer not to indulge in an extended discussion of this action which was instituted 'by the husband primarily to recover a judgment of separation from bed and board on the ground of abandonment admitted by the wife.

¶2 It is sufficient to say that the appeal presents the single legal question of whether the wife has the right to contest her husband’s paternity of a child born during the marriage (presumed to be his under Revised Civil Code Articles 184 and 186), and to announce our conclusion, supported amply by the hereinafter cited authorities, that the able trial judge correctly answered such question in the negative. See Revised Civil Code Articles 184 to 192, inclusive; Eloi v. Mader, 1 Rob. 581, 38 Am.Dec. 192; Dejol et al. v. Johnson, Administrator, 12 La.Ann. 853; Succession of Saloy, 44 La.Ann. 433, 10 So. 872; Succession of Flynn, 161 La. 707, 109 So. 395.

¶3 The judgment is affirmed.

O’NIELL, C. J., does not take part.
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