Nicholas v. Maddox

Citations

• 52 La. Ann. 1493

Syllabus

<p>Syllabus.</p> <p>1. In an action based on the abandonment of the -wife, a decree of separation from bed and board must precede the application for a divorce. 16 La., 26.</p> <p>2. Pretermitting this ground the court holds that while it is true that a wife’s refusal to follow her husband to a new abode is an abandonment, this is subordinate to another rule of law under which it has been repeatedly held that a marriage contracted in another State is not to be dissolved on grounds antedating the domicile in Louisiana. The wife never having been domiciled here, the question is one of jurisdiction. It has always been held that a husband or wife who acquires a domicile in this State can not maintain an action here against the absent spouse who never acquired a domicile in this State. 0 Ann., 317; 13 Ann., 1; 40 Ann., 28 ; 40 Ann., 457.</p>