SMITH v. SMITH

No. 9101.

357 So.2d 93 (1978)

Newell H. SMITH, Jr. v. Marilyn Chisholm Smith, w/o N. H. SMITH, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 11, 1978.


Attorney(s) appearing for the Case

Jacob J. Amato, Jr., Gretna, for Newell H. Smith, Jr., plaintiff-appellee.

George O'Dowd, New Orleans, for Marilyn C. Smith, defendant-appellant.

Before BOUTALL, SCHOTT and GARSAUD, JJ.


BOUTALL, Judge.

Newell H. Smith, Jr. brought suit against his wife for a divorce based on living separate for two years, R.S. 9:301. From a judgment awarding him a divorce and declaring mutual fault, Mrs. Smith appeals raising these issues: 1.) That the judgment is a nullity because of improper venue, C.C.P. Art. 3941; 2.) that she had received a judgment of separation in her favor in another suit, and that the provisions of R.S. 9:302 preclude her husband from suing...

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