Clark v. Clark

HAWTHORNE, Justice.

Plaintiff, John Henry Clark, has appealed from a judgment of the lower court sustaining an exception of no cause and no right of action and dismissing his suit.

Plaintiff instituted this suit for a divorce under Act 430 of 1938, which permits an absolute divorce on proof by either spouse of the continuous living separate and apart of the spouses for a period of two years or more.

The petition, together with the annexed documents, discloses that plaintiff and his wife, who is represented herein by a curator ad hoc, separated because of her insanity; that, at the time she was…