Legal Opinion

Tortorich v. Maestri

Supreme Court of Louisiana

Decided December 1, 1919No. 23386PublishedCited by 12 opinions

Appeal from Civil District Court, Parish, of Orleans; H. C. Cage, Judge. Action by Mrs. Rosalie Tortorich against Noel Maestri, in which, after a judgment of separation from bed and board, defendant sued for final divorce, to which there was an answer in reconvention, praying for judgment for a divorce and for alimony pendente lite and for the future.

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Appeal from Civil District Court, Parish, of Orleans; H. C. Cage, Judge. Action by Mrs. Rosalie Tortorich against Noel Maestri, in which, after a judgment of separation from bed and board, defendant sued for final divorce, to which there was an answer in reconvention, praying for judgment for a divorce and for alimony pendente lite and for the future. Defendant’s rule to show cause why judgment should not be rendered in his favor on petition and answer made absolute, and from a judgment decreeing a final divorce in favor of defendant and dismissing the reconventional demand, plaintiff appeals.

1Opinion of the Court

Statement of the Case.

MONROE, C. J.

Plaintiff obtained a judgment of separation from bed and board against defendant (her husband), which was signed on February 23, 1916, and on February 25, 1918, he brought suit for a final divorce, alleging that there had been no reconciliation, to which she answered, admitting that she had obtained the judgment as alleged, and that there had been no reconciliation, alleging that reconciliation was impossible, for the reason that defendant is and has been living in adultery with another woman, because of which misconduct he is debarred from obtaining the…

2Cited by12 opinions

  1. Moon v. MoonLouisiana Court of Appeal · 1977
  2. Stallings v. StallingsSupreme Court of Louisiana · 1933
  3. August v. BlacheSupreme Court of Louisiana · 1942
  4. Mann v. MannSupreme Court of Louisiana · 1930
  5. Dowie v. BeckerSupreme Court of Louisiana · 1921

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