Birmingham v. O'Neil
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Walter Byers Sommer ville, Judge. Action by Alice Birmingham, wife of John O’Neil, against John O’Neil. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtLand, J.
This is a suit for separation of bed and board on the ground of abandonment..Defendant denies that he has ever abandoned his wife, and avers his readiness to receive and support her, if she will return to the matrimonial domicile.
Plaintiff is and has been for a long time living with her mother, and defendant is and has been for the same length of time living with his mother, and has had the custody of the two children of the marriage.
The charge of abandonment is based on the theory that the matrimonial domicile was fixed at the home of defendant’s mother-in-law, and that the refusal of the…
2Cited by9 opinions
- Lepenser v. GriffinSupreme Court of Louisiana · 1919
- First Nat. Bank v. HintonSupreme Court of Louisiana · 1909
- Mulling v. JonesSupreme Court of Louisiana · 1917
- Howell v. KretzLouisiana Court of Appeal · 1930
- Spansenberg v. CarterSupreme Court of Louisiana · 1922
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