Conner v. Pozo

Citations

• 114 La. 562
• 38 So. 454
• 1905 La. LEXIS 506

Syllabus

<p>SECOND ACTION — DISMISSAL—FORMER COSTS UNPAID — LIS PENDENS — DIVORCE — EVIDENCE— WITNESSES — IMPEACHMENT — MISCONDUCT OF PLAINTIFF.</p> <p>1. The evidence does not sustain the exception — the exception being that the costs of a former suit had not been paid — nor does the evidence sustain the exception of lis pendens. There was no other issue pending. The issues in the former suit were not similar, and were not pending when the exception was fixed, and did not sustain the plea of lis pendens.</p> <p>On the Merits.</p> <p>2. Plaintiff presented in the petition grounds enough for a divorce. They were substantially sustained by the testimony.</p> <p>3. Witnesses whose characters were assailed, and whose veracity defendant sought to impeach, were sufficiently corroborated to enable plaintiff to prove his cause.</p> <p>4. A witness may at one time or another have acted badly in a matter not immediately germane to the suit in which he is a witness, and yet his testimony may be considered as true.</p> <p>5. Seven witnesses testified for plaintiff. Attempt was made by defendant to impeach the testimony of all of them on about the same lines, viz., subornation. The other bad conduct charged is charged in terms too general to set aside the testimony entirely.</p> <p>6. The husband was not a witness, and there can be no question of his veracity. The fact that years ago, in another suit, he made a reckless oath, is not ground sufficient to deny him a divorce.</p> <p>(Syllabus by the Court.)</p>