Delaney v. Delaney

STOULIG, Judge.

Appellant, Carl F. Delaney, has appealed a judgment awarding Pat Delaney, his judicially separated wife, $700 per month alimony and child support. He contends the judgment is a nullity because it issued from a summary proceeding at a time when C.C.P. art. 2592 did not authorize its use for that purpose.

Plaintiff, Pat Delaney, filed suit for separation on May 11, 1972 and was awarded $300 per month alimony pendente lite and child support by a judgment on a rule rendered June 23, 1972. On September 28, 1972, Mrs. Delaney was awarded a separation from bed and board in a default…