Champon v. Champon
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. ON EXCEPTIONS. 1. Ho appeal can be taken after the expiration of a year from the rendition of the judgment, C. P. 593; (and two years when the defendantis absent from the State.) lb, 2. An action ofnullity for vices of form should be brought within one year from the rendi. tion of the judgment, and can only he allowed in the cases enumerated in Art. 606. In case of charge of fraud or ill. practice the…
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. ON EXCEPTIONS. 1. Ho appeal can be taken after the expiration of a year from the rendition of the judgment, C. P. 593; (and two years when the defendantis absent from the State.) lb, 2. An action ofnullity for vices of form should be brought within one year from the rendi. tion of the judgment, and can only he allowed in the cases enumerated in Art. 606. In case of charge of fraud or ill. practice the action should be brought within one year of the discovery of the fraud or ill-practice, and the plaintiff must show…
1Opinion of the Court
The opinion of the Court was delivered hy
Todd, J.
This is a suit to annul a judgment of divorce obtained by the present defendant against the plaintiff, his wife.
The judgment attacked was rendered by a district court of the parish of Orleans, in this State, on the 16th of March, 1874.
Among the grounds of nullity urged against the judgment assailed, is the want of citation, i. e. that the judgment in question was rendered without citation to the wife, the defendant therein.'
The facts are these: The parties were married in France in 1852. In 1855 Champon, the husband, abandoned bis wife and came…
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