Bursha v. Lane

Citations

• 105 La. 112

Syllabus

<p>Syllabus.</p> <p>1. Where, in an action for separation from bed and board on the ground of abandonment, “the three reiterated summonses” required by Article 145 of the Civil Code are issued and served, and, after answer filed by the defendant, there is a trial in which testimony is offered, arguments presented, and the case is submitted, the judge may dismiss the suit, or he may render the judgment mentioned in the article, sentencing the defendant “to comply with such request,” or he may, perhaps, make some other tentative or interlocutory order, but he cannot, at that stage of the case, render a definitive judgment of separation.</p> <p>2. If he renders the judgment mentioned in the article, and there is a subsequent compliance with said article with regard to the notification of said judgment, there is no cause of complaint because the plaintiff, after such notification, enters a default and proves up the same after setting the easd down for confirmation of the default.</p> <p>3. Although, under C. C. 157, where there is a judgment of separation from bed and board, the judge, with the advice of a family meeting, may award the custody of the minor child to the party cast, such disposition, if made only because of the tender age of the child, should be regarded as temporary in character, and should be so qualified.</p>