Perkins v. Potts

Citations

• 8 La. Ann. 14

Syllabus

<p>No separation of husband and wife can be decreed for cause of abandonment without a compliance with Article 148 of the Code.</p> <p>The law presupposes the possibility of a reconciliation between husband and wife, and its policy is to bring them together again.</p> <p>Vague and general allegations cannot support a petition in an ordinary civil suit. The cause of action—the object of the demand and the nature of the title, must be stated with such certainty as to apprise the defendant of every circumstance necessary to put him on his just defence, and to bar a subsequent investigation of matters once decided. A party can be permitted to derive no advantage from the obscurity, or generality of his allegations.</p> <p>Sound policy requires that there should be no relaxation of these rules, especially in proceedings of this kind, which involve the fate of individuals, and the most important interests of society.</p>