
    (69 South. 271)
    No. 20163.
    SICARD v. NEW ORLEANS RY. & LIGHT CO.
    (Dec. 1, 1913.
    Cause Compromised May 12, 1915.)
    
      (Syllabus by Editorial Staff.)
    
    Appeal and Ebrob <&wkey;327 — Parties—Citation.
    Where a married woman who joined her •husband as plaintiff recovered a judgment for personal injuries, alleged to be her separate property, and the judgment did not name the husband, the defendant may appeal without citing the husband to answer the appeal.
    [Ed. Note. — Por other cases, see Appeal and Error, Cent. Dig. §§ 1795, 1814-1820, 1822-1835; Dee. Dig. <&wkey;>327.]
    Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge.
    Action by Mrs. Myrtle G. Sicard against the New Orleans Railway & Light Company. There was a judgment for plaintiff, and de-
    fendant appeals.
    On motion to dismiss. Motion overruled.
    Dart, Kernan & Dart, of New Orleans, for appellant. Dinkelspiel, Hart & Davey, of New Orleans, for appellee.
   PROVOSTY, J.

Motion is made to dismiss the appeal in this case on the ground that the husband of the plaintiff, who joined her in her petition for the purpose of authorizing her to bring the suit and for aiding her in it, has not been cited to answer the appeal. The suit is in damages for personal injuries to the plaintiff, and the damages are alleged to be her separate property, and the judgment appealed from awards them to her without naming the husband. In Wells v. Scott, 10 La. 399, Lanoue v. Reed, 7 La. 112, and Lawrence v. Burris, 12 La. Ann. 843, the court held that citation of the husband in such a case was necessary. In Deblanc v. Levasseur, 26 La. Ann. 541, and Thezan v. Thezan, 28 La. Ann. 442, the court held the contrary. We adhere to this later jurisprudence.

Motion overruled.  