Cited by
Opinions in Louisiana that cite Kramer v. Freeman, 3 So. 2d 609.
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Cluse v. H & E Equipment Services, Inc.
34 So. 3d 959
La. Ct. App. 1st Cir. 2010
222 ; and Kramer v. Freeman, [ , (1941)] supra.
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Poole v. Winwell, Inc.
381 So. 2d 926
La. Ct. App. 3d Cir. 1980
466 (1930) ; , (1941) ; LaFleur v. Brown, 223 La.
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Aetna Life & Cas. Co. v. Dotson
346 So. 2d 762
La. Ct. App. 1st Cir. 1977
624 , (1967); , (1941); State ex rel.
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Ford Marketing Corp. v. First Auto Parts
308 So. 2d 799
La. Ct. App. 1st Cir. 1975
383 ; , It is equally well settled that prescriptive statutes are strictly construed, and the facts of the case must bring the action clearly within the specific provisions of the law sought to be applied.
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Travelers Insurance Company v. Veal
280 So. 2d 285
La. Ct. App. 3d Cir. 1973
In one of the earlier cases, , (1941), a man filed suit to recover property stolen or forceably taken from him by his wife and his mother-in-law.
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Federal Insurance Co. v. Insurance Co. of No. Amer.
263 So. 2d 871
La. 1972
466 (1930); , (1941); LaFleur v. Brown, 223 La.
- Munson v. Martin 192 So. 2d 126 La. 1966
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Smith v. Southern Farm Bureau Casualty Ins. Co.
164 So. 2d 647
La. Ct. App. 3d Cir. 1964
9:571, replacing Article 104 of the Code of Practice of 1870), and also the husband's immunity from suit by the wife except in limited instances (recognized by the Louisiana courts, in the absence of statute, as a matter of public policy: , ; Carter v. Third Dist.
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Nicholson v. Atlas Assurance Corp.
156 So. 2d 245
La. Ct. App. 4th Cir. 1963
9:291 which forbids a married woman to sue her husband for a tort "[a]s long as the marriage continues" is unconstitutional because it denies the right of the wife to sue her husband while it does not deny the right of the husband to sue his wife, ( , ).
- Humble Oil & Refining Company v. Boudoin 154 So. 2d 239 La. Ct. App. 3d Cir. 1963
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Continental Casualty Co. v. Ramon
151 So. 2d 526
La. Ct. App. 1st Cir. 1963
1037 , ; , ; *528 Morgan’s Louisiana & T. R. & S. S. Co. v. Stewart, 119 La.
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Davis v. Le Blanc
149 So. 2d 252
La. Ct. App. 3d Cir. 1963
976 , ; , ; American Heating & Plumbing Co., Inc. v. West End Country Club, 171 La.
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Edward Levy Metals, Inc. v. New Orleans Public Belt Railroad
148 So. 2d 580
La. 1963
976 , (1953); , (1941); American Heating and Plumbing Company v. West End Country Club, 171 La.
- Schouest v. Texas Crude Oil Co. 141 So. 2d 155 La. Ct. App. 1st Cir. 1962
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Seeling v. Seeling
133 So. 2d 168
La. Ct. App. 1st Cir. 1961
Since the husband seeks to recover possession of his paraphernal property from his separated wife, , , and cases therein cited, the judgment of the District Court is affirmed, costs to be paid by defendant.
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Merrimack Mutual Fire Insurance Co. v. Radalec, Inc.
126 So. 2d 848
La. Ct. App. 2d Cir. 1961
466 ; , ; United Carbon Company v. Mississippi River Fuel Corp., 230 La.
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Spencer v. West
126 So. 2d 423
La. Ct. App. 2d Cir. 1960
2d 574 ; Kramer v. Freeman, 1941, , .
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Loew's, Incorporated v. Don George, Inc.
110 So. 2d 553
La. 1959
This Court distinctly stated, , , that: “It is the well settled jurisprudence of this State that the character which a plaintiff gives his pleadings and the form of his action govern the prescription applicable.
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Devoe & Raynolds Co. v. Robinson
109 So. 2d 226
La. Ct. App. 1st Cir. 1959
State v. Younger, 206 La.
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Plummer v. Motors Insurance Corporation
96 So. 2d 605
La. 1957
Importsales, Inc., v. Lindeman, 231 La.
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Importsales, Inc. v. Lindeman
92 So. 2d 574
La. 1957
466 ; , ; and Lafleur v. Brown, 223 La.
- United Carbon Company v. Mississippi River Fuel Corp. 89 So. 2d 209 La. 1956
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City Nat. Bank v. Louisiana Sav. Bank & Trust Co.
43 So. 2d 602
La. 1949
wherein a husband sued his wife and mother-in-law for certain items allegedly stolen from him, the husband asked for a judgment condemning the defendants to return the cash and jewelry taken from him and in the alternative for a money judgment for the value of the items so taken.
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Reich v. Reich
23 So. 2d 566
La. Ct. App. 1st Cir. 1945
615: "* * * there is no prohibition to be found either in the Civil Code or in the Code of Practice against a husband maintaining a suit against his wife.