Conrad v. Conrad

Plaintiff sued for a separation and obtained a decree accordingly. She subsequently sued for a divorce a vinculo, which was also granted. In neither her petition for separation nor her petition for divorce did plaintiff ask for a partition of the community property, though she did ask for some relief in connection therewith, such as alimony and injunction against alienation pendente lite, and an inventory.

After the judgment of divorce the plaintiff then sought a partition of the community property; to which prayer for a partition the defendant filed what amounts to a plea of res judicata, to…