CORTES v. FLEMING

No. 52963.

307 So.2d 611 (1973)

Maria Haydee CORTES v. Stanley E. FLEMING, a/k/a Egon Stanley Migocky.

Supreme Court of Louisiana.

Dissenting Opinion October 5, 1973.

On Rehearing December 2, 1974.


Attorney(s) appearing for the Case

William F. Wessel, Earl J. Higgins, New Orleans, for plaintiff-applicant.

Richard J. Boutall, Metairie, for defendant-respondent.

Vezina, Bordelon & Carimi, Owen J. Bordelon, Jr., Gretna, as amicus curiae.

Walter B. Stuart, IV, New Orleans, for absent heirs.


BARHAM, Justice.

The question posed here is whether or not alimony is a civil effect of a marriage which may be awarded the good faith wife as an incident to an annulment proceeding. We answer affirmatively.

On March 3, 1965, plaintiff and defendant were married in Managua, Nicaragua. At the time of that ceremony, Fleming was legally married to another. Immediately upon discovering this bar to her marriage, plaintiff filed a suit for annulment; coupled with...

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