Public-domain · open source
OpenJurist

141 La. 576

Smith v. Smith

Supreme Court of Louisiana

Decided May 14, 1917

Supreme Court of Louisiana · decided 1917-05-14

<p>Appeal from Civil District Court, Parish of Orleans; Porter Parker, Judge.</p> <p>Suit for divorce by Ellis E. Smith against Mrs. Ellis E. Smith, with suit in reconvention. Judgment of nonsuit, and plaintiff appeals.</p>

Affirmed · Decided 1917-05-14

MONROE, C. J.

¶1Plaintiff having sued for divorce on statutory grounds, defendant answered setting up a similar demand in re-convention, but produced no evidence in support of the same. There was judgment of nonsuit, from which plaintiff has appealed. Defendant has made no appearance in this court.

¶2Plaintiff produced three witnesses, to wit, the individual who might have been made corespondent, and his (the possible corespondent’s) mother and sister, who testified to the facts alleged. Defendant produced two witnesses who contradicted each other upon a question which leaves no room for doubt that one or the other testified falsely. The judge a quo evidently did not know who to believe, and gave judgment of nonsuit. As we are not so well situated to determine the question of comparative credibility, and the record fails to satisfy us that any error has *577been committed, therein, the judgment should be affirmed.

¶3And it is so ordered.

/141/la/576 · .json · Public domain