Legal Opinion

Hava v. Chavigny

Supreme Court of Louisiana

Decided April 29, 1918No. 22551PublishedCited by 12 opinions

Appeal from Civil District Court, Parish of Orleans; George H. ThSard, Judge. Suit for divorce by Adrian Hava against Mrs. Marie Ernestine Chavigny. Exception of no cause of action sustained, and plaintiff appeals.

1Opinion of the CourtSommebville, J.

Plaintiff sues his wife for a divorce on the ground that they have lived separate and apart for more than seven years, as provided for in Act No. 269 of 1916, p. 557.

Defendant filed an exception of no cause of action, which was sustained. Plaintiff has appealed.

Act No. 269 is entitled “An act to allow a divorce to married persons who have been living separate and apart for a period of seven years or more”; and it provides in section 1:

“That when married persons have been living separate and apart for a period of seven years or more, either party to the marriage contract may sue, in the courts…

2Cases cited2 opinions

  1. Hurry v. HurrySupreme Court of Louisiana · 1917
  2. Raymond v. CarranoSupreme Court of Louisiana · 1904

3Cited by12 opinions

  1. Stallings v. StallingsSupreme Court of Louisiana · 1933
  2. Lepenser v. GriffinSupreme Court of Louisiana · 1919
  3. Núñez v. LópezSupreme Court of Puerto Rico · 1943
  4. Dowie v. BeckerSupreme Court of Louisiana · 1921
  5. Pierce v. PierceWashington Supreme Court · 1922

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