Schmalz v. Schmalz

Supreme Court of Louisiana
Schmalz v. Schmalz, 146 La. 876 (La. 1920)
84 So. 166; 1920 La. LEXIS 1793
Niell

Schmalz v. Schmalz

Opinion of the Court

O’NIELL, J.

[1, 2] The defendant appeals from a judgment of separation granting his *877wife the custody and control of their minor children. The judgment is supported by un-contradicted evidence, making absolute proof, that the defendant defamed his wife and treated her so cruelly that her living with him became intolerable. No argument has been made, or reason advanced, for annulling the decree.

The judgment appealed from is affirmed at appellant’s cost.

Reference

Full Case Name
SCHMALZ v. SCHMALZ
Cited By
3 cases
Status
Published
Syllabus
(Syllabus by Editorial Staff.) 1. Evidence In a wife’s suit for separation, uncontra-dicted evidence for her as to defamation by the husband and cruel treatment makes absolute proof. 2. Divorce Where a husband defamed his wife and treated her so cruelly her life with him became intolerable, she is entitled to decree of separation, with custody of minor children.