State ex rel. Hill v. Judge of Civil District Court

Citations

• 114 La. 44
• 38 So. 14
• 1905 La. LEXIS 412

Syllabus

<p>DIVORCE — SEPARATION PROM BED AND BOARD-ALIMONY — APPEAL—EEEECT.</p> <p>1. Plaintiff in the original suit, relatrix here, obtained a judgment of separation from bed and board and for alimony against relator. After the expiration of 12 months, she obtained a judgment of divorce, and therein it was decreed that defendant pay her an amount monthly for her support — a pension.</p> <p>2. There is' no analogy between alimony ordered to be paid to the wife after a separation from bed and board and the support allowed to her in the judgment of divorce. In the former case, the right arises from a marriage not permanently dissolved; in the latter — a judgment for divorce — an amount is allowed in the nature of support, or pension. One is recovered under article 148, Civ. Code, and the other under article 160, Civ. Code.</p> <p>3. An appeal taken from a judgment which allows a pension does not suspend the effect of a judgment for alimony before a final decision in the divorce case. If pension be decreed in the final judgment for divorce, it will succeed the decree for alimony.</p> <p>(Syllabus by the Court.)</p>