New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-07-03
THE HOLBROOK CAsEs.

u. j. BOlteVeuL vs. Lne same az IOkAOWss
FIXING THE DoHIcILE.
A. NJ. Holbrook VS.. Jennie Bronson, his
wife.-When this suit was instituted the de-
fendants dOmiciie was assigned at No. 2OS
Constance street. Recent complications
have arisen in this suit, and in the cases
Nos. TITO and 7769, in which it is attempted
to determine the right Of possession Of the
property designated by an effort TO enforce
this order Of dOmicile The ownership Of
real estate can not be determined IN this
way.
lam about to grant the defendant an app
peal in this case, but before doing 80 Will
revoke the order assigning her doInicile at
the place named. She does not now i've
there the property is occupied by another
who holds by an act transl&tive OF title.
Let the order made IN this case, Novem-
Der %. 1871. fixing the dOmicile Of the de-
PENDANT at No. 208 Constance street be re-
Voked.
on THE APPLICATION OF JENNIE BRONSON
FOR AN APPEAL FROM THE DECREE OF
DIVORCE.
A. NJ Holbrook vs.. Jennie Bronson, his
-wife.-Thc plaintiff in this case brought an
action Tor divorce against his wife, Novem-
Der %, 1871. She was personally cited.
She did not answer, and a Judgment by de-
fault was taken, December II, 1871. When
the suit was instituted the dOmiclle OF the
wife was assigned at No. 2OS Constance
street, which appears to have been their
common dOmicile up TO that time.
On the fifteenth Of December the plaintiff
offered proof Of the allegations Of the petit
ton, and moved to confirm the judgment
nv default Judgment was then rendered
and was signed December 20.
Six months have elapsed, and the de-
PENDANT has moved for a suspensiye appeal.
From Judgment for divorce no devolutive
al % .1t A uivp qvtnnaI NAV
be taken within thirty days, not including
Sundays, after signing Of such Judgment"
Act No. 40, 1871. This provision, which is
an amendment to the Code Of Practice,
must be construed with reference to the
other provisions Of the code regulating APP
peals The object of the amendment was
evidently to change the time during which
a suspensive appeal could be taken from
Judgment for divorce from ten to thirty
days, and to deny the right Of .devOlutive
appeal in such cases.
Article GA, Code OF Practice, provides for
the service Of notice Of Judgment upon the
party cast, if Judgment was not rendered IN
the actual or constructive presence Of such
Darty, / think that there is no doubt that
such notice must be given in cases where
Judgment for divorce has been taken
after default. Whether this motion tor
appeal shall be granted must depend
npon two questions: Is the case appeal
able has the defendant had notice Of udg-
ment for more than thirty days
1. The Supreme Court twill take jurlsdic-
ton of a suit for separation from bed and
board, although the matter in condensation
is not appreciable in money or does not con.
sist in a money demand exceeding $780,"
~ Louisiana, X. 55S The support which
the husband owes the wife is OF sufficient
value to determine the jurisdiction OF the
appellate court,
It appears from this record that the day
after the Judgment was signed notice Of
Judgment was issued. The sherifs return
says Served copy Of the within judg-
ment on Jennie Bronson by leaving the
came at her dOmicile, No. 2OS Con-
stance street, in the hands of Ava
M. Holbrook, person over fourteen years
of age, living and residing at said domi-
eile,n etc, "said Jennie Bronson, defendant
herein, being absent az the time Of said
service"
Plaintiffs counsel, it seems, were not sat
isfied with this notice, and on the twenty
ninth of January another notice was IS
sued, and was served at the same place in
the hands of another person, servant Of
the plaintiff. as alleged by the defendant.
In connection with other proceedings be-
tween these parties, affidavits have been
fled in which reference is made to this
Judgment and notice of Judgment. The de-
PENDANT charges that the plaintiff induced
her to leave the city before the judgment
was rendered, and represented to her that
the case would not be proceeded with.
think that this notice of Judgment was
not sufficient, and it is doubtful whether
the judgment is valid. The evidence taken
on the motion to confirm the default shows
at at the time the judgment was rendered
defendant was in New York. Article
eonivil Code, provides: when the de-
AUul is absent, or incapable of acting
pulubcttan1rgp an aftnrnau shall he an
cO4V5a !, yepresent him, against whom,
cuteu' y, the suit shall be prose-
esvvol1ey sIoN perhaps, requisite that an
lore the Juugmesave been appointed be-
Inc mouse Seuld be rendered.
temporarily when he ab Sao ls,9'il +
suit for divorce. It was stituted this
dOmicile of the defendant. SSned as the
and State, and the plaintiff ret the eitv
house before the notice OF judad To his
served The notice was served at a. was
Gle upon him, and the second tim0mi
some one residing in the house with an
Such notice is not sufficient. 1t shon
have been served upon an attorney in ord
that she might be advised Of her right
appeal. lt seems that such a notice mt
be especially defective, served first in {
hands OF the other party to the suit, a
then at his dOmicile. The fact that {
nothing All notices and citations in Il
State must be served by the officers Of t
court.
But the fatal defect in these proceedin
was the neglect of the plaint Il to have
representative appointed for the defenda
upon her leaving the State.
It is too late to correct this mistake
this court until the case has gone to I
supreme Court and has been remanded.
l will grant the motion for an ann,
upon bond Of two hundred dollars
costs.
on APPLICATION OF JENNIE BRONSON F
ANNULMENT OF DECREE OF DIVORCE, ETC
Mrs. Jennie Bronson Holbroolz VS.. Al
M, holbr0Ok, her husband-The DIain.
brings this action to annul the iudpme
rendered in the case of A. NJ HolbroSl-
this plaintih, No. 1912. She also pra-vs
separation from bed and board. far !
mony, Tor assignment of dOmicile and for
injunction to prevent the defendant fr
disposing of the community property ne,
ing this suit.
An order was made by Judge Leaumo
IN my absence, granting the Injunction
signing her domicie at No 20S Constal
street, and allowing her alimony at the r
of $500 per month.
The defendant files motion to set as
this order.
In the discussion Of this motion conn
took wide range but, upon examinati
find that but few Of the questions argl
can be passed uDon now.
The property No. 20S Constance stree
claimed by this plaintiff and by Mrs. III
Jane Poitevent, who is married to A.
Holbrook, the defendant Mrs. Pointev
holds by an act of sale from Mr.. Holbro
Possession under such an act, translat
of title forms such legal presumption
sou-uprSbin "a to warrant the Immediate