92 So. 567 | La. | 1922
Defendant appeals from a judgment condemning him, pending a suit instituted against him by his wife for separation from bed and board, to pay his wife alimony in the sum of $100 per month. He complains that the amount is excessive, that the trial judge overestimated his net income
This case was tried about November 2, 1921, and the appeal was filed on December 16, 1921. Pending a hearing on the appeal, defendant filed in this court on April 24, 1922, an affidavit stating that plaintiff was employed on January 22, 1922, by the school board of the City of New Orleans at a salary of $225 per month, and on May 17, 1922, another affidavit on the part of plaintiff was also presented to this court, admitting the employment alleged in defendant’s affidavit, showing, however, that said employment was limited, and also showing that plaintiff had previously been employed during the fall of 1921 at a salary of $75 per month.
We make this observation, not with a view of controlling beforehand the learned trial judge in the exercise of the discretion vested in him by law, but for the purpose of assisting him in the performance of that re- . sponsible duty..
For these reasons, -the judgment appealed from is avoided and reversed, and- it is or