Melancon v. Wilson

Citations

• 107 La. 628

Syllabus

<p>1. The fact that the defendant, against whom a decree of separation from bed and board has been rendered, which is still subject to devolutive appeal, makes the objection that the judgment is Anal and that an action brought by the plaintiff for the partition of the community presents new matter and should be filed and docketed as a separate suit, does not amount to an acquiescence in the judgment of separation from bed and board and does not cut off the right of appeal therefrom.</p> <p>2. whilst it is true that a moneyed demand, coupled with a demand for separation from bed and board, may be incidental thereto, and may be carried with it for the purposes of jurisdiction, and whilst it is true that the appellate jurisdiction of this court extends to suits for separation from bed and board and for divorce “and to all matters arising therein,” it does not follow that such jurisdiction extends to a suit, brought after a judgment of separation from bed and board has become final, for the partition of community property valued at less than $2000, when it appears that there was no demand for such partition in the suit in which such judgment was rendered and that no question of partition was raised on the trial, or passed on in the said judgment. Non constat but that the parties might intend to pretermit the partition indefinitely and transmit it to their heirs.</p>