Schlater v. Le Blanc

Citations

• 121 La. 919
• 46 So. 921
• 1908 La. LEXIS 773

Syllabus

<p>1. Pleading — Amendment — New Cause oe Action.</p> <p>The amendment was timely filed and allowed. It did not change the substance of the demand.</p> <p>2. Judgment — Conclusiveness — Matters Concluded.</p> <p>The proceedings pleaded as res judicata were not of such a character as to afford good ground for sustaining that plea.</p> <p>3. Same.</p> <p>The return of the defendant in accordance' with summons issued in a suit based on abandonment cannot be successfully invoked as an estoppel in another suit in which the defendant in the first suit is now plaintiff. The grounds of the two suits are not disclosed as the same. In the first suit for abandonment the grounds do not appear. In the present suit special grounds are alleged. Nothing shows that they were considered in the first suit.</p> <p>4. Appeal and Error — Harmless Error-Admission oe Evidence.</p> <p>Mere hearsay testimony not considered on appeal affords no ground to remand. It does not prejudicially affect the issues.</p> <p>5. Evidence — Declarations—Admissibility.</p> <p>The defendant in a suit for separation from bed and board is not entitled to prove his statement to a witness.</p> <p>6. Same — Res Gestas — Foundation.</p> <p>Even if it be a part of the res gestee, proper foundation, must be laid.</p> <p>7. Appeal and Error. ,</p> <p>The ruling having resulted in offering to defendant the opportunity of proving that which his statement embiaced, he having declined to avail himself of the opportunity as far as it went, the case will not be remanded to enable him to prove the facts which he declined to prove, on the ground that the scope was limited by the ruling so as not to admit his statement to a third person.</p> <p>8. Husband and Wiee — Actions eor Separation.</p> <p>_ The incompatibility of temper between plaintiff and defendant led to quarrels, fusses, and a state of affairs rendering their living together not bearable.</p> <p>9. Same — Custody oe Children.</p> <p>Considering the facts disclose