Baurens v. Giroux

Citations

• 117 La. 696
• 42 So. 224
• 1906 La. LEXIS 753

Syllabus

<p>1. Divorce — Appeal — Review — Objections Not Raised at Trial.</p> <p>It is too late for a plaintiff, in a suit for a judgment of separation from bed and board on the ground of desertion, to urge for the first time, in his argument on appeal, that defendant should have assigned, on or before the first or preliminary judgment which is granted in such cases was rendered, the reasons she had, if any, why she should not obey the summons served on her to return to the matrimonial domicile. That, failing so to do, after she had been served with the court’s peremptory order to return, the only alternative left to her is either to obey the order or submit to a judgment of separation. If plaintiff thought that the preliminary judgment was to have the force and effect contended for, he should have taken a judgment by default against defendant before such judgment was rendered, and not permitted the case, without objection on his part, to go to trial on an answer filed thereafter and heard and disposed of on the issues raised by that answer on evidence adduced.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 17, Divorce, § 565.]</p> <p>2. Same — Ejection of Wife — Bad Faith of</p> <p>Husband.</p> <p>A husband, who ejects his wife from the matrimonial domicile under circumstances such as justify her in not returning, when called on by him to do so, is not permitted to have recourse in bad faith to an action for a separation from bed and board and avail himself of her refusal to return, as the basis for a judgment of separation from her, for the evident purpose of obtaining later a judgment of absolute divorce grounded on want of reconciliation. The laws of the state and the courts of the state cannot be utilized for any such purpose.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 17, Divorce, §§ 145-147, 149, 155, 130, 132, 123, 113, 114.]</p> <p>(Syllabus by the Court.)</p>