Legal Opinion

Smithers v. Smithers

Supreme Court of Louisiana

Decided June 30, 1919No. 23329PublishedCited by 3 opinions

Appeal from Civil District Court, Parish of Orleans; H. C. Cage, Judge. Suit by Mrs. Mary Waters Smithers against Herbert B. Smithers. Judgment of dismissal, and plaintiff appeals.

1Opinion of the CourtO’Niell, J.

Plaintiff appeals from a judgment dismissing her suit for separation from bed and board, on a plea to the jurisdiction of the court, ratione materia».

Plaintiff was married to defendant in New Orleans, La., on the 4th of February, 1904. She was then and had been all her life domiciled and residing in the city of New Orleans. Defendant then had his residence and domicile in New York City, and had never resided in Louisiana. He came to New Orleans for the purpose of marrying plaintiff, having no intention of remaining in New Orleans ; and, immediately after the ceremony, the couple went to his…

2Cited by3 opinions

  1. Clark v. ClarkSupreme Court of Louisiana · 1919
  2. Land v. LandSupreme Court of Louisiana · 1935
  3. Montague v. StreetNorth Dakota Supreme Court · 1930

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