Domingeau v. Darby

Citations

• 114 La. 1018
• 38 So. 815
• 1905 La. LEXIS 582

Syllabus

<p>DIVORCE — ANSWER — AMENDMENT—CHANGE OE ISSUES.</p> <p>Defendant in an action for divorce pleaded simply a general denial. Subsequently, in an amended answer, without claiming in reconvention a divorce, defendant invoked contingently, as against plaintiff’s demand, the application of the rule that where both parties are guilty of mutual wrongs, similar in nature, the suit should be dismissed. Plaintiff excepted to .the filing of the amended answer, and to all evidence in support of the allegations therein made, tending to show that plaintiff’s conduct had withdrawn from him the right to a divorce, on the ground that the issues in the case had been changed by the amendment. The court overruled the objection, holding that the amendment was substantially a peremptory exception to plaintiff’s right to stand in judgment. Held no error.</p> <p>(Syllabus by the Court.)</p>