BERRY v. BERRY

No. 55465.

310 So.2d 626 (1975)

Dana Gay Seal BERRY v. Kenneth Dale BERRY.

Supreme Court of Louisiana.

Rehearing Denied April 25, 1975.


Attorney(s) appearing for the Case

H. F. Sockrider, Jr., Booth, Lockard, Jack, Pleasant & LeSage, Shreveport, for plaintiff-applicant.

C. R. Whitehead, Jr., Whitehead & McCoy, Natchitoches, for defendant-respondent.


DIXON, Justice.

This is an action for a judgment of separation from bed and board filed by Dana Berry. The only issue raised by this application is whether the trial court was a court of proper venue for this action. In separation and divorce cases venue is "jurisdictional" in nature and cannot be waived. C.C.P. 3941. The trial court determined that it was not a court of proper venue and therefore dismissed the action. The...

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