Mason v. Mason

AYRES, Judge.

This is an action for a separation “a mensa et thoro” based upon abandonment. Plaintiff’s demands were rejected in a proceeding wherein a confirmation of a default was sought. From the judgment thus rendered, plaintiff prosecutes this appeal.

The basis of the judgment is that the proof failed to establish that defendant abandoned plaintiff. The action was predicated upon LSA-Civil Code Art. 138, which provides that

“Separation from bed and board may be claimed reciprocally for the following causes: * * *

“5. Of the abandonment of the husband by his wife or the wife by her husband; *…