Bourgeois v. Chauvin
Supreme Court of Louisiana
APPEAL from the Twentieth District Court, Parish of Lafourche. Beattie, J. A plea of condonation admits the charge of adultery as true. The exception of reconciliation shall not avail where the wrong h repeated.
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APPEAL from the Twentieth District Court, Parish of Lafourche. Beattie, J. A plea of condonation admits the charge of adultery as true. The exception of reconciliation shall not avail where the wrong h repeated. C. O. 152-3-4. Positive or direct testimony is not neccessary to establish adultery. 16 Ann. 4. When three facts combine to show the guilt of defendant, it may be taken as proved: first, the criminal intent in defendant; secondly, the same in the alleged partieeps eritnin is,thirdly, the opportunity sought with secrecy and concealment. Bishop. Marriage and Divorce, Sec. 427; Sec.439;…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The plaintiff brought this suit against his wife, originally, for separation from bed and board, on grounds of abandonment, defamation, attempting his life and the like.
This part of the case may as well be dismissed with the statement that the evidence fails entirely to support the charges.
He subsequently filed an amended petition in which he claimed an absolute divorce on the charge of adultery against his wife.
The testimony exhibits facts not creditable to either party and as discreditable to plaintiff as to defendant.
In March, 1884,…
2Cases cited1 opinion
- Cairns v. CairnsMassachusetts Supreme Judicial Court · 1872
3Cited by2 opinions
- Delaney v. DelaneySupreme Court of New Jersey · 1906
- Schwartz v. SchwartzSupreme Court of Louisiana · 1925