Kemp v. McArthur
Kemp v. McArthur
Opinion of the Court
The plaintiff sues her husband for separation from bed and board, alleging intemperance, jealousy, cruel treatment, failure to support, and public defamation, all of which is denied by the defendant.
The evidence shows that they were married in 1895, and lived together at the home of the defendant’s parents, in that part of New Orleans known as “Algiers,” until October, 1899, when they went to housekeeping, first in Algiers, and then on this side of the river. Very soon afterwards, ^however, by reason of the removal from this city of the office of the railroad company in which he ivas employed, the husband lost his sitúation, and, in view of obtaining temporary employment with another company, was obliged to give up the house that he had rented, and return to Algiers. There is no evidence in the record to show that up to the date of these occurrences there had ever been any serious trouble or disagreement between him and his wife, and there is considerable testimony to the effect that, to all appearances,
It may be that the temper of the husband was affected by the disappointment of losing the position which he had held during the greater part, if not the whole, of his business career. It may be that the wife did not submit readily to the giving up of the home in which she had just, for the first time, been established as sole mistress; and it may be that each of them failed to appreciate and sympathize with the feelings of the other.
In neither and in no event, so far as appears from this record, was there a substantial or sufficient reason for their separation. It would subserve no good purpose to enter into a critical analysis of the testimony adduced. It suffices to say that we agree with our learned Brother before whom the case was tried in the district court in the opinion that it is wholly insufficient to sustain the charges contained in the petition, several of which have been abandoned. The judgment rejecting the plaintiff’s demand is therefore affirmed.
Reference
- Full Case Name
- KEMP v. McARTHUR
- Status
- Published
- Syllabus
- DIVORCE — DECREE—EVIDENCE. 1. -Where some of the charges contained in the petition are abandoned, and the evidence is insufficient to sustain the others, a decree of separation a mensa et thoro will be denied. (Syllabus by the Court.)