Legal Opinion

Daspit v. Ehringer

Supreme Court of Louisiana

Decided December 15, 1880No. 7933Published

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.

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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 Second — Art. 138 C. C. is not repealed by Sec. 2, of Act No. 122, of 1877.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

On the Merits.

II. The evidence of both plaintiff and defendant, who were then husband and wife, R. C. C. 136, was reprobated by law and inadmissible. *1176Consent could not have legalized Its reception. 32 A. 643 ; 11 A. 628 ; R. C. C. 2281,136.

III. No-other evidence having been introduced to show absence of reconciliation, the plaintiff should have been non-suited. On the strength of her answer, the defendant offered to prove the invalidity of the judgment of separation from bed and board, but the court refused The evidence, on the ground that the attack could be made only by appeal or suit in…

2Cases cited4 opinions

  1. Walker v. FranceSupreme Court of Pennsylvania · 1886
  2. Taylor v. StateCourt of Appeals of Maryland · 1894
  3. Stryker v. RossSupreme Court of Pennsylvania · 1887
  4. Joyce v. LynchSupreme Court of Pennsylvania · 1886

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