Primeaux v. Comeaux
Primeaux v. Comeaux
Opinion of the Court
Plaintiff sued defendant for a separation from bed and board on the grounds of public defamation, abuse, and cruel treatment. Defendant for answer denied the charges. Judgment was rendered in favor of the defendant, and the plaintiff has appealed, but has made no appearance by counsel in this court.
In a similar case where the wife was charged with defamation this court said:
“In the first place, whatever statements were made by the defendant in respect to the relations which she asserted existed between her and her husband and her rival were not, in our opinion, either wantonly or maliciously made, nor made with the intention of injuring her husband. They were made to Gillen, the brother-in-law of the plaintiff, and to Mrs. Smith and her son, who seemed to have been friends of both parties, and in the course of conversation such as parties holding close relations with each other are apt to have in discussing mutually their family affairs.”
See Ashton v. Grucker, 48 La. Ann. 1194, 20 South. 738.
The court held that such confidential communications did not constitute public defamation.
A solitary instance of ill treatment during a long cohabitation does not authorize a judgment ¡of separation from bed and board. Fleytas v. Pigneguy, 9 La. 419.
We see no sufficient reasons for reversing the judgment on the law or the facts of the case.
j ’ Judgment affirmed.
Reference
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- PRIMEAUX v. COMEAUX
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- Syllabus
- (Syllabus by the Court.) 1. Divorce Confidential statements made by the husband to relatives and friends of himself and wife as to the relations existing between them, when made in good faith, will n'ot be considered as public defamation. [Ed. Note. — For other cases, see Divorce, Cent. Dig. § 93; Dec. Dig. 30.] 2. Divorce Reciprocal wrongs or a solitary instance of ill treatment during a long cohabitation will not warrant a judgment of separation from bed and board. [Ed. Note. — For other cases, see Divorce, Cent. Dig. § 63; Dee. Dig.