Smith v. Smith

EDWARDS, Judge.

This is an appeal from a judgment rendered in favor of plaintiff .granting a separation from bed and board and alimony pendente lite in the amount of $497.12 per month. The separation was granted on the ground of habitual intemperance. La.Civ. Code art. 138(3).

On June 10, 1975, Mr. Smith came home in an intoxicated condition and precipitated an argument with his wife over her paying for nursery services for her grandchild. The argument escalated into physical violence with Mr. Smith .first assaulting Mrs. Smith. She then picked up a drain tray loaded with dishes and threw them…