Bonanno v. Decedue

FOURNET, Justice.

This is a suit for divorce instituted by the wife against her husband on the ground of adultery, alleged to have been committed on July 8, 1936. The defendant was served personally with citation and a copy of the petition, but he failed to appear. A preliminary default was timely entered, and, after hearing testimony of plaintiff and two witnesses in support of her allegations, the trial judge refused to confirm the default and dismissed plaintiff’s suit. She has appealed.

The record shows that there was never any issue born of the marriage and no property was acquired during…