Legal Opinion

Harman v. M'Leland

Supreme Court of Louisiana

Decided September 15, 1840PublishedCited by 9 opinions

APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. LANDRY, THE JUDGE OF THE SIXTH PRESIDING. This is an action of divorce. The plaintiff, Lydia Harman, alleges, that in 1828, she was lawfully married to the defendant, James W. M'Leland, and that they lived together until 1830, when some time in that year her husband left her and now resides in Texas, where he has intermarried with another woman. She prays for a divorce dissolving the marriage.

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APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. LANDRY, THE JUDGE OF THE SIXTH PRESIDING. This is an action of divorce. The plaintiff, Lydia Harman, alleges, that in 1828, she was lawfully married to the defendant, James W. M'Leland, and that they lived together until 1830, when some time in that year her husband left her and now resides in Texas, where he has intermarried with another woman. She prays for a divorce dissolving the marriage. There was a curator ad hoc appointed to represent the defendant, who pleaded the general issue. The evidence showed that the parties…

1Opinion of the Court

Simon J.,

delivered the opinion of the court.

This is a suit for a divorce. The petition only states that defendant, without any cause, has deserted the petitioner, and resides in Texas, where he has intermarried with another woman. A curator ad hoc was appointed to represent the absent defendant; issue was joined, and after hearing the evidence, the district judge dismissed the action. From this judgment, plaintiff appealed.

The evidence shows that the defendant has been absent for four or five years in Texas, and that he has not lived with his wife since 1832. Plaintiff produced also a letter…

2Cited by9 opinions

  1. Ogea v. OgeaLouisiana Court of Appeal · 1980
  2. Arbour v. MurraySupreme Court of Louisiana · 1953
  3. Ellois v. ElloisLouisiana Court of Appeal · 1962
  4. Harris v. HarrisSupreme Court of Louisiana · 1955
  5. Nicholas v. MaddoxSupreme Court of Louisiana · 1900

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