Knoll v. Knoll

Citations

• 114 La. 703
• 38 So. 523
• 1905 La. LEXIS 527

Syllabus

<p>DIVORCE — CUSTODY OF CHILDREN — APPEAL — PROCEDURE — BOND—ORDER GRANTING APPEAL — SIGNATURE.</p> <p>1. An order granting an appeal on motion in ■open court, and duly entered on the minutes, need not be signed by the judge.</p> <p>2. Act No. 49, p. 151, of 1871, allowing 30 days within which to take a .suspensive appeal in cases of divorce, is not applicable to cases ■of separation from bed and board.</p> <p>3. Though the prayer and the order were for a suspensive appeal solely, the appeal will be sustained as devolutive if the amount of the bond was fixed in the order.</p> <p>On the Merits.</p> <p>4.When, in a suit by the husband, praying that he be awarded a judgment of separation from bed and board and the custody of his minor children, the wife pleads the general issue, and the evidence fails to support the demand for separation, but shows that the parties have been living apart for more than two years,- that the children have remained during that time in the custody of the plaintiff, at the home of his mother, and that he is a man of good character, and further shows that the defendant, who does not ask that the children be given to her, is not in a position to take care of them, and (negatively) that she is satisfied with the existing arrangement, the custody of the children will be awarded to the plaintiff, subject to the right of the defendant to see them, and to such further disposition in the future as occasion may require.</p> <p>(Syllabus by the Court.)</p>