McLean v. Janin
Supreme Court of Louisiana
Domicil is acquired by tile combination o£ residence and tlie intention to reside in a certain locality. If the intention of permanently residing in a place exists, a residence in pursuance of that intention, however short, will establish a domicil. If thewife wilfully and maliciously decline to accompany her husband to a new home without any just or reasonable cause, it is an act of desertion on her part.
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Domicil is acquired by tile combination o£ residence and tlie intention to reside in a certain locality. If the intention of permanently residing in a place exists, a residence in pursuance of that intention, however short, will establish a domicil. If thewife wilfully and maliciously decline to accompany her husband to a new home without any just or reasonable cause, it is an act of desertion on her part. If, on the other hand, the husband leaves his home and his wife and children, and goes elsewhere, abandons them, without making the least attempt to aid in enabling them to join him, he may…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
This is an action for a separation from bed and board, on the ground of abandonment of the wife by the husband.
The required summonses were served upon the defendant to return to the alleged place of domicil in New Orleans.
Before answering to the merits of the cause the defendant interposed an exception of no cause of action, which was overruled.
In his answer he alleges that his domicil is in the parish of Natchitoches ; that his wife left his house without cause; that he is anxious to welcome her return to his house, and, accord her…
2Cited by8 opinions
- State v. WilliamsSupreme Court of Louisiana · 1903
- Plant v. HarrisonNew York Supreme Court · 1902
- State v. SmithSupreme Court of Louisiana · 1924
- Ballard v. PulestonSupreme Court of Louisiana · 1904
- King v. KingSupreme Court of Louisiana · 1908
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