Otis v. Bahan

ROGERS, Justice.

Plaintiff and defendant were married on December 10, 1938, and on February 9, 1945, plaintiff brought this suit for divorce, based on the provisions of Act No. 430 of 1938. The statute provides that when married persons have been living separate and apart for a period of two years or more, either party may sue for a divorce which shall be granted on proof of the continuous living separate and apart of the spouses during the statutory period.

Defendant was served with citation and a copy of the petition on February 14, 1945, but failed to appear and answer or otherwise plead to…