Russo v. Russo

HIGGINS, Justice.

The issue involved in this case is whether or not a wife, who obtained a separation from bed and board and thereafter entered in commutative contracts with her husband in settlement of the community property and her rights to alimony, may plead their nullity without first offering to return the consideration received therefpr.

The wife obtained a judgment of separation from bed and board from her husband by default which was rendered on July 14, 1942, and signed on October 5, 1942. On October 16, 1942, the parties, with the assistance of their attorneys, entered into two…