Dowie v. Becker

Citations

• 149 La. 160
• 88 So. 777
• 1921 La. LEXIS 1401

Syllabus

<p>(Syllabus by Editorial■ Staff.)</p> <p>1. Divorce <&wkey;>9 — Defendant being sued on ground of separation cannot reconvene for divorce on ground of adultery.</p> <p>Under Pleading 'and- Practice Act (Acts 1912, No. 157), as amended and re-enacted by Acts 1914, No. 300, and in view of Code Prae. arts. 362, 375, 377, a wife being sued for a divorce under Acts 1916, No. 269, making separation of husband and wife for a period of seven years ground for divorce, cannot reconvene for a divorce on the ground of adultery; the action for divorce on ground of adultery being in no way incidental to a suit for divorce on the ground of living separate and apart for seven years.</p> <p>2. Divorce <§=>13 — Statute held to entitle parties to divorce for separation commencing pri- or to its enactment.</p> <p>Under Acts 1910, No. 269, making separation for seven or more years ground for a divorce, the seven-year period could have commenced prior to enactment of such statute; the act being remedial in its nature.</p>