CLARY v. CLARY

No. 7782.

341 So.2d 628 (1977)

Ralph A. CLARY, Sr. v. Mrs. Barbara Boesch, wife of Ralph A. CLARY, Sr.

Court of Appeal of Louisiana, Fourth Circuit.

January 12, 1977.


Attorney(s) appearing for the Case

Kirschenheuter, Landry & Shaw, Ernest T. Landry, New Orleans, for defendant-appellee.

Many, Lo Coco & Dwyer, Vincent T. Lo Coco, New Orleans, for plaintiff-appellant.

Before BOUTALL, SCHOTT and BEER, JJ.


SCHOTT, Judge.

Plaintiff has appealed from a judgment dismissing his suit for a separation from bed and board on the ground of abandonment.

In order to be entitled to a judgment plaintiff had to prove that, 1) his wife withdrew from the common dwelling; 2) she was without a lawful cause for withdrawing; and 3) she has constantly refused to return to live with plaintiff. LSA-C.C. Art. 143.

Plaintiff's testimony that he did not want his wife to leave...

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