O'Brien v. D'Hemecourt

Citations

• 118 La. 996
• 43 So. 654
• 1907 La. LEXIS 837

Syllabus

<p>1. Appeal — Suspensive Appeal — Dismissal.</p> <p>The appeal is dismissed as a suspensive appeal.</p> <p>2. Same — Devolutive Appeal.</p> <p>Appeal remains unaffected by this dismissal to the extent appeal may be devolutive.</p> <p>3. Divorce — Default—Effect op Judgment.</p> <p>On a confirmation of a default in a case for separation from bed and board, the defendant, who has been regularly cited, must be held bound as in other cases by the judgment rendered, as relates to the evidence.</p> <p>Defendant entered no appearance, and no evidence was offered in his behalf. There was sufficient testimony admitted to sustain the judgment.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 17, Divorce, §§ 521-523.]</p> <p>4. Same — Alimony—Reduction.</p> <p>The same rule applies to alimony: There was no testimony offered to prove that it was excessive. If excessive, as urged by defendant, he would not be precluded from making application for its reduction; the reduction to date from the day that the judgment would be rendered.</p> <p>TEd. Note. — Eor cases in point, see Cent. Dig. vol. 17, Divorce, §§ 691-695. 769.]</p> <p>(Syllabus by the Court.)</p>