Noble v. Landry

Plaintiff sued for separation from bed and board; defendant joined issue and reconvened for the same relief. The trial judge rejected both demands, and both parties have appealed.

Plaintiff has filed a motion in this court to "discontinue this suit."

The motion, as a motion to discontinue, comes too late. A plaintiff may indeed discontinue his suit if so minded (though not to the prejudice of a reconventional demand), but he must do so before judgment is rendered in the court below. Code Prac. arts. 491, 532; Trenchard v. N.O. Ry. Lt. Co., 123 La. 36, 40, 48 So. 575.

On the other hand, if…