Whitbeck v. Hughes

This is an action to annul and set aside the same judgment which .was affirmed on appeal by this court in Whitbeck v. Whitbeck, 171 La. 83, 129 So. 677.

The alleged ground of nullity is that at the time plaintiff here (defendant in that case) was cited in said cause, and at the time the judgment was rendered against him therein, he was temporarily deranged.

The evidence does not support the charge. It shows that his wife was in fear of him and called upon the sheriff to remove from the common residence a pistol which she feared he might use upon her, but the sheriff was unwilling to take upon…