Raymond v. Carrano

Citations

• 112 La. 869
• 36 So. 787
• 1904 La. LEXIS 480

Syllabus

<p>DIVORCE — PLEA—PREMATURITY OE ACTION-DECREE OE SEPARATION.</p> <p>1. Where a person against whom a judgment of separation from bed and board has been rendered brings suit, more than two years after the signing thereof, for final divorce, and after the filing of the answer, and more than two years after the expiration of the delay allowed for appeal from such judgment, the defendant excepts on the ground that the suit was brought within two years from the date of the expiration of such delay, the exception amounts merely to a plea of prematurity of action, and, as such, comes too late.</p> <p>2. All that is required of a party against whom a judgment of separation from bed and board has been rendered in order to entitle him to a final divorce is that he shall show that such, judgment has been rendered, that two years have elapsed since it became final, and that no reconciliation has, in the meanwhile, been effected between him and his wife.</p> <p>Nicholls, J., dissenting.</p> <p>(Syllabus by the Court.)</p>