106 So. 781 | La. | 1926
The parties to this litigation are an aged couple, who were married in July, 1901. In March, 1921, plaintiff brought this suit for a divorce under the provisions of Act 269 of 1916. The court below rejected plaintiff's demand, and he has appealed to this court to revise the judgment. *197
Plaintiff's action is founded upon the allegation that in the year 1903 defendant abandoned the conjugal domicile, and that they have been living separate and apart from each other for seven years or more. The evidence adduced on the trial of the case, however, affirmatively shows that the parties have since their marriage continuously occupied the matrimonial domicile. At the time of the institution of this suit, this domicile was a small house, consisting of two rooms, situated in the city of New Orleans. One of the rooms was occupied by plaintiff and the other room was occupied by defendant.
The case falls within the principle announced by this court in Hava v. Chavigny,
Judgment affirmed.