Wheeler v. Britton
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; George H. Théard, Judge. Action by Augustin B. Wheeler against Eliza M. Britton, his wife. From a judgment for plaintiff, defendant appeals, and moves to rescind order fixing case for trial by preference.
1Opinion
On the Merits.
PROVOSTY, J.
[2] Plaintiff obtained a judgment of separation from bed and board which became final in this court, by the refusal of a rehearing, on December 15, 1913. A writ of error to the Supreme Court of the United States was granted by the Chief Justice of this court from that judgment, but without supersedeas; and the Supreme Court of the United States dismissed the writ for want of jurisdiction.
One year after the refusal of the rehearing in this court, but less than one year after the dismissal of the writ of error, plaintiff instituted the present suit for a final divorce.
A…
2Cases cited3 opinions
- Thomas v. GoodwinSupreme Court of Louisiana · 1907
- Hill v. HillSupreme Court of Louisiana · 1905
- Wheeler v. BrittonSupreme Court of Louisiana · 1913