Baurens v. Giroux

Citations

• 123 La. 879
• 49 So. 605
• 1909 La. LEXIS 797

Syllabus

<p>1. Divorce (§ 171*)— Res Judicata — Dismissal.</p> <p>In a suit heretofore rendered for separation on the ground of abandonment, a judgment was rendered by the Supreme Court. Plaintiff’s demand was dismissed on the ground Chat he was not in good faith in suing, to compel his wife to return to the matrimonial domicile. The court further held that his object was, not to obtain the return of his wife, but a. divorce.,</p> <p>ÍEd. Note. — For other cases, see Divorce, C&nt Dig. §§ 554-558; Dec. Dig. § 171.*]</p> <p>21 Divorce (§ 109*) — Separation—No New Issues — Abandonment or Domicile.</p> <p>The testimony does not prove that the conditions have changed since the judgment of 1907 was rendered. He has made no attempt at reconciliation. It having been decided heretofore that defendant left home for good reason, it was incumbent upon plaintiff to prove that she had no good cause to stay away from the matrimonial domicile.</p> <p>It does not appear that the plaintiff lives at the domicile to which, through summonses, he called upon defendant to return.</p> <p>[Ed. Note. — For other cases, see Divorce, Dec. Dig. § 109.*]</p> <p>•3. Alimony.</p> <p>Defendant’s reconventional demand for alimony is dismissed as in case of no suit.</p> <p>4. Divorce (§ 298*) — Custody or the Offspring.</p> <p>The judgment of the district court, recognizing defendant’s rights to the custody of the child, is sustained; also, the order permitting the plaintiff to see his child, as directed.</p> <p>[Ed. Note. — For other cases, see Divorce, Cent. Dig. §§ 781-787; Dee. Dig. § 298.*]</p> <p>(Syllabus by the Court.)</p>