POITEVENT v. POITEVENT

No. 1012.

152 So.2d 256 (1963)

Eads POITEVENT, Jr. v. Mrs. Elizabeth SCHRAM, Wife of Eads POITEVENT, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 6, 1963.

Certiorari Refused June 14, 1963.


Attorney(s) appearing for the Case

Drury, Lozes & Dodge, James F. Quaid, Sylvia Roberts and James H. Drury, New Orleans, for plaintiff and appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Harry McEnerny, Jr., and Sydney J. Parlongue, New Orleans, for defendant and appellee.

Before McBRIDE, REGAN and YARRUT, JJ.


REGAN, Judge.

Plaintiff, Elizabeth Schram Poitevent, instituted this action endeavoring to nullify a judgment of separation from bed and board, predicated on abandonment, which was obtained by the defendant, Eads Poitevent, Jr., by default, that is, his wife's failure to answer the suit. Plaintiff insists that the suit was filed when she was too mentally incompetent to provide a defense therefor, which constitutes a vice as to form entitling her to have the judgment...

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