Van Horn v. Arantes

Citations

• 116 La. 130
• 40 So. 592
• 1906 La. LEXIS 477

Syllabus

<p>1. Divorce—Evidence.</p> <p>Where, in a suit for a divorce on the ground of adultery, the defendant wife reconvened for a divorce on the same ground, and' also alleged public defamation, abandonment, and nonsupport, and the evidence clearly showed' that defendant was guilty as charged, but also showed that plaintiff had deserted defendant and her children and failed or refused to support, them; held, that the trial judge erred in dismissing plaintiff’s demand; the faults of the parties n'ot being of a similar nature or gravity. Trowbridge v. Carlin, 12 La. Ann. 882; Thomas v. Tailleu, 13 La. Ann. 127; Castañedo v. Fortier, 34 La. Ann. 135.</p> <p>[Ed. Note.—For cases in point, see vol. 17, Cent. Dig. Divorce, §§ 195, 197.]</p> <p>2. Same—Abandonment.</p> <p>Abandonment or desertion is no ground for a divorce or separation from bed and board, unless made to appear in the manner prescribed by article 145 of the Civil Code.</p> <p>[Ed. Note.—Eor cases in point, see vol. 17, Cent. Dig'. Divorce, §§ 113-116.]</p> <p>3. Husband and Wife—Refusal to Suppobt.</p> <p>The refusal of the husband to support his wife is not per se ground for a divorce or separation from bed and board. In such case the wife cannot sue for alimony, but she may procure necessaries at the expense of the husband, or may have him prosecuted under Act No. 34, p. 42, of 1902.</p> <p>[Ed. Note.—For cases in point, see vol. 17, Cent. Dig. Divorce, § 116; vol. 26, Cent. Dig. Husband and Wife, §§ 1074^1077.]</p> <p>(Syllabus by the Court.)</p>