
    (71 South. 503)
    No. 20675.
    FRANCINGUES v. DUPIERRIS.
    (April 3, 1916.
    Rehearing Denied April 24, 1916.)
    
      (Syllabus by Editorial Staff.)
    
    Judgment <&wkey;248 — Support by Pleadings— Adequacy.
    A judgment not responsive to the pleadings and not covering the case will he set aside on appeal.
    [Ed. Note.' — For other cases, see Judgment, Cent. Dig. § 434; Dec. Dig. <5&wkey;248.j
    Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge.
    Suit by Bertrand C. Francingues against Isabelle Dupierris. From a judgment for defendant, plaintiff appeals.
    Judgment set aside, and case remanded.
    Felix J. Puig and Emile Pomes, both of New Orleans, for appellant. A. J. Rossi, of New Orleans, for appellee.
   PROYOSTX, J.

This is a suit for a partition of the property depending upon the community of acquéts and gains at one time existing between the parties.

The judgment decrees the wife to be owner of a certain described lot, and also of a note, which note, by the way, was one executed by herself. It is not responsive to the pleadings, and does not cover the case.

The judgment appealed from is set aside, and the case is remanded to be proceeded with according to law; the costs of this appeal to await the final disposition of the case.  