(DOWNLOAD) "Fusilier v. Dauterive" by Supreme Court Of Louisiana " eBook PDF Kindle ePub Free
eBook details
- Title: Fusilier v. Dauterive
- Author : Supreme Court Of Louisiana
- Release Date : January 14, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
RUGG, C. J. This is a libel for divorce filed in a probate court. The grounds set out in the libel of the husband as originally filed on January 10, 1930, were cruel and abusive treatment and gross and confirmed habits of intoxication. On February 7, 1930, the libellant was allowed to amend his libel by adding an allegation that the libellee at various times committed the crime of adultery with a person whose name and address are known to the libellant. On the same date a further amendment was allowed whereby the name of the co-respondent was inserted. Later the libellee filed an answer denying specifically the charges and alleging by way of cross-libel against the libellant the same grounds as were set out in the libel as amended and naming co-respondents. When the case came on to be heard a stenographer was appointed on the request of the libellant to take the evidence under G. L. c. 215, § 18, as amended, to be reported to this court. A decree nisi was entered granting divorce to the libellant for the cause of adultery on the part of the libellee. The libellee filed requests for rulings which are printed together with the Disposition of them made by the Judge; she excepted to the action of the Judge so far as these requests were denied. Rightly no bill of exceptions was filed. Petition of Mackintosh, 246 Mass. 482, 141 N.E. 496. It is assumed that such exceptions would be open here upon an appeal with full report of the evidence. G. L. c. 214, § 25; c. 208, § 33. See St. 1931, c. 426, § 95; G. L. c. 215, § 9, and section 3, as amended by St. 1922, c. 532, § 7, and chapter 542, § 2; Drew v. Drew, 250 Mass. 41, 43, 144 N.E. 763. The libellee appealed from the decree nisi granting the divorce. On the same day she filed a petition to the probate court reciting that she was aggrieved by the decree and that the evidence had been taken according to law to the end that it be reported to this court and praying that all the evidence be reported. No action appears to have been taken on this petition but it is followed in the record by this statement: Excerpts from Commissioners Report of Hearing of November 10, 1930, printed at the request of the Appellant. There follow about five printed pages of testimony and Discussion between Judge and counsel.