Coltraro v. Lotuso
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. Suit for separation from bed and board by Joseph Coltraro against Rosa Lotuso, his wife, wherein defendant filed petition to annul and set aside default judgment taken against her. Prom judgment for defendant in the main demand, and plaintiff in the suit to annul, plaintiff appeals.
1Opinion of the CourtSommerville, J.
Joseph Ooltraro sued his wife for separation from bed and board, on the ground of abandonment, August 7, 1917. An exception of no cause of action was filed by defendant.
Before the exception was disposed of, a judgment by default appears to have been taken, and it was confirmed.
Thereupon Mrs. Ooltraro, the wife, filed a petition to annul ,and set aside the judgment taken against her as before set forth. The husband filed an exceirtion to that petition on the ground of no cause or right of action, and pleaded an estoppel. On April 15, 1919, the exception of Ooltraro and the plea of estoppel…
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