Daspit v. Ehringer
Supreme Court of Louisiana
EPEAL from the Sixth District Court, parish of Orleans. Mglitor, J. First — Suit for a final divorce upon a judgment of separation from bed and board, will be maintained where it is shown that there has been no reconciliation since date of judgment, and one year has-expired from date of rendition, nor is it necessary to aver or prove an effort for reconciliation.
Read the full summary
EPEAL from the Sixth District Court, parish of Orleans. Mglitor, J. First — Suit for a final divorce upon a judgment of separation from bed and board, will be maintained where it is shown that there has been no reconciliation since date of judgment, and one year has-expired from date of rendition, nor is it necessary to aver or prove an effort for reconciliation. Second — Art. 138 C. C. is not repealed by Sec. 2, of Act No. 122, of 1877. On the contrary, Sec. 1 of the Act expressly recognizes its existence and enforces its provisions, except so far as amended. Third — A judgment rendered upon…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is a suit for a divorce, based on a judgment of separation a mensa et ihoro, the lapse of one year since its rendition- and the absence of reconciliation.
The defendant excepted, that the petition disclosed no cause of action, in this, that it does not set forth, that the plaintiff ever attempted to effect a reconciliation.
The exception being overruled, the defendant pleaded the general issue and charged specially the invalidity of the judgment of separation.
On the trial, the plaintiff and the defendant were heard as witnesses, the…
2Cited by2 opinions
- Latham v. LathamSupreme Court of Louisiana · 1950
- O'Rourke v. LawrenceSupreme Court of Louisiana · 1913