Cited by
Opinions in Louisiana that cite Hayes v. Hayes, 73 So. 2d 179.
- Tidwell v. Tidwell 152 So. 3d 1045 La. Ct. App. 2d Cir. 2014
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Carolyn Dauzat Marcotte v. Thomas Ernest Marcotte
La. Ct. App. 3d Cir. 2004
Romain’s testimony about what they were doing at the camp the night Mrs. Marcotte took the photographs of them “did not match.” Although adultery may be established by indirect or circumstantial evidence as well as by direct evidence, is that “the circumstantial proof in these cases must be so convincing as to exclude any other reasonable hypothesis but that of guilt.” (La.App.
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Marcotte v. Marcotte
886 So. 2d 671
La. Ct. App. 1st Cir. 2004
Romain’s testimony about what they were doing at the camp the night Mrs. Marcotte took the photographs of them “did not match.” Although adultery may be established by indirect or circumstantial evidence as well as by direct evidence, , (1954), is that “the circumstantial proof in these cases must be so convincing as to exclude any other reasonable hypothesis but that of guilt.” (La.App.
- Crawford v. RYAN'S FAM. STEAK HOUSES, INC. 741 So. 2d 96 La. Ct. App. 2d Cir. 1999
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Sibley v. Sibley
693 So. 2d 1270
La. Ct. App. 1st Cir. 1997
[3] -78 , Stewart, 422 So.2d at 1371-72 ; Breaux, 323 So.2d at 488 .
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Larocca v. Larocca
597 So. 2d 1000
La. 1992
The court stated that "circumstantial proof of adultery `must be so convincing as to exclude any other reasonable hypothesis but that of guilt.'" Hermes, 287 So.2d at 791 ( , (1954)).
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Zeringue v. Zeringue
479 So. 2d 443
La. Ct. App. 1st Cir. 1985
Weaver v. Weaver, supra ; Seal v. Seal, supra ; , (1954).
- Weaver v. Weaver 438 So. 2d 1149 La. Ct. App. 1st Cir. 1983
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Slaughter v. Slaughter
436 So. 2d 1352
La. Ct. App. 3d Cir. 1983
3rd Cir.1977); , (1954).
- Seal v. Seal 421 So. 2d 421 La. Ct. App. 1st Cir. 1982
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Boudreaux v. Boudreaux
407 So. 2d 1363
La. Ct. App. 3d Cir. 1981
App. 3rd Cir. 1977); , (1954).
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Billiot v. Rivere
378 So. 2d 512
La. Ct. App. 1st Cir. 1979
112 , ; Hayes *515 v. Hayes, , ; Withers v. Withers, La.App., ; Daigle v. Daigle, La.App., ; Morris v. Morris, La.App., .” 323 So.2d at 488 .
- Cade v. Cade 351 So. 2d 319 La. Ct. App. 1st Cir. 1977
- Soroe v. Soroe 334 So. 2d 543 La. Ct. App. 1st Cir. 1976
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Breaux v. Breaux
323 So. 2d 486
La. Ct. App. 1st Cir. 1975
112 , ; , ; Withers v. Withers, La.App., ; Daigle v. Daigle, La.App., ; Morris v. Morris, La.App., .
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Bynum v. Bynum
296 So. 2d 382
La. Ct. App. 2d Cir. 1974
(1954); Coston v. Coston, 196 La.
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Hermes v. Hermes
287 So. 2d 789
La. 1973
754 , , and the cases therein cited.'" , (1954), we stated that circumstantial proof of adultery "must be so convincing as to exclude any other reasonable hypothesis but that of guilt."
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Udin v. Levin
273 So. 2d 56
La. Ct. App. 1st Cir. 1973
the Supreme Court provided us with a concise statement as to the heavy burden of proof imposed upon the husband in the instant case: “ .
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Dubois v. Falgout
268 So. 2d 70
La. Ct. App. 1st Cir. 1972
In support of this contention he notes that the “ , *71 (1954)”, wherein the court said the following at page 180: “.
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Johnson v. Johnson
268 So. 2d 114
La. Ct. App. 3d Cir. 1972
LaTour v. Fuselier, supra; Daigle v. Daigle, La.App., ; , .
- Bertrand v. Bertrand 260 So. 2d 128 La. Ct. App. 1st Cir. 1972
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LaTour v. Fuselier
228 So. 2d 336
La. Ct. App. 1st Cir. 1969
(1954); Coston v. Coston, 196 La.
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Daigle v. Daigle
222 So. 2d 318
La. Ct. App. 1st Cir. 1969
Coston v. Coston, 196 La.
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Lovell v. Lovell
205 So. 2d 470
La. Ct. App. 2d Cir. 1967
As to the first of these issues, the rule, , (1954), is that "While it is well settled that the unfaithfulness of a spouse may be established by indirect or circumstantial evidence forasmuch as, in the nature of things, it can seldom be proven by direct or positive evidence, * * * the facts and surrounding circumstances must be such as to lea
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Thomas v. Thomas
200 So. 2d 729
La. Ct. App. 1st Cir. 1967
hly reviewed the pleadings and analyzed the testimony adduced at both the trial on the merits and the antecedent rule for the custody of the child, and no intricate legal question being involved, a proper determination of the case merely requires a correct appreciation of the conclusiveness of the evidence.” [ ] , (1954): “Applying this principle to the facts of the case at bar, we have no hesitancy in *733 deducing that the evidence submitted by-plaintiff falls short of establishing the adulter
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Karl v. Karl
191 So. 2d 674
La. Ct. App. 1st Cir. 1966
Hayes v. Hayes, 225 La, 374, (1954); Coston v. Coston, 196 La.
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Robicheaux v. Robicheaux
165 So. 2d 550
La. Ct. App. 1st Cir. 1964
19 , ; , ; Guidry v. Allemand, 216 La.
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Antony v. Antony
160 So. 2d 765
La. Ct. App. 3d Cir. 1964
Pilgrim v. Pilgrim, 235 La.
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Morris v. Morris
152 So. 2d 291
La. Ct. App. 1st Cir. 1963
Pilgrim v. Pilgrim, 235 La.
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Hennigan v. Hennigan
151 So. 2d 517
La. Ct. App. 1st Cir. 1963
(1954) where the court observed that although the unfaithfulness of a spouse may be established by indirect or circumstantial evidence, the facts and surrounding circumstances must be such as to lead fairly and necessarily to the conclusion that adultery had been committed as alleged.
- Bosch v. Girradot 143 So. 2d 284 La. Ct. App. 5th Cir. 1962
- Baasen v. Baasen 133 So. 2d 908 La. Ct. App. 2d Cir. 1961
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Fister v. Fister
131 So. 2d 103
La. Ct. App. 3d Cir. 1961
40 ; , ), the rule as stated by the court in Hayes v. Hayes, supra, is that "the circumstantial proof in these cases must be so convincing *105 as to exclude any other reasonable hypothesis but that of guilt".
- Pilgrim v. Pilgrim 102 So. 2d 864 La. 1958
- Kendrick v. Kendrick 96 So. 2d 12 La. 1957
- Kendrick v. Kendrick 96 So. 2d 12 La. 1957
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Harris v. Harris
81 So. 2d 705
La. 1955
278 , , , in each of which, as here, there existed circumstances from which.
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Olivier v. Abunza
76 So. 2d 528
La. 1954
We cannot help but find, , , that the plaintiff’s evidence does not establish the adultery of the wife.