Meters v. Rosenthal

Citations

• 119 La. 983
• 44 So. 818

Syllabus

<p>1. Divorce — Assignment oe Residence to Wife.</p> <p>Where, in a suit for separation from bed and board, the court assigns to the wife as her residence during the suit the residence of her mother, referring to that residence on a street named, the wife does not violate the order of the court if she accompany her mother when the latter changes her residence during the suit to another number of another street. The words of the order naming the street and number of the mother’s original residence were mere words of description.</p> <p>2. Same — Alimony—Liability oe Surety.</p> <p>In a suit brought by a wife against her husband for separation from bed and board, the husband was ordered by an interlocutory judgment of the court on a rule taken to pay his wife $40 per month durjng the .suit as alimony. The order was granted on a rule taken* against the husband why he should not do so. He was granted a suspensive appeal from that judgment. The judgment was affirmed on appeal. After the judgment became final, the husband, after demand, refused to pay. The wife then caused a writ of fi. fa. to issue against the husband, which was returned nulla bona by the sheriff. The husband was then ruled into, court for contempt, and the surety on the appeal bond ruled to show cause why he should not pay the judgment. On trial, the rule for contempt was discharged, but the surety was condemned to-pay. Both parties have appealed suspensively. The surety claims that the writ should not have-been returned before 70 days before being returned. That claim is held not well grounded, and the judgment is affirmed.</p> <p>(Syllabus by the Court.)</p>