Breffeilh v. Breffeilh

On Rehearing.

HAWTHORNE, Justice.

A rehearing was granted in this case so that we might reconsider our former decree only insofar as it affirmed a ruling of the lower court refusing to permit defendant to dismiss her reconventional demand for alimony for herself. In all other respects that judgment has become final.

Article 491 of the Code of Practice provides that “The plaintiff may, in every stage of the suit previous to judgment being rendered, discontinue the suit on paying the costs.” This right to discontinue, expressly granted a plaintiff, is also available to a defendant who has filed a…