No. 41489 Precedential Processed

Olivier v. Abunza

Louisiana Supreme Court · Filed November 8, 1954 · 76 So. 2d 528

Also decided on this docket: La., November 8, 1954 76 So. 2d 528

Cited by

Vidrine v. Vidrine 497 So. 2d 59 La. Ct. App. 1st Cir. 1986
Short v. Fink 372 So. 2d 705 La. Ct. App. 1st Cir. 1979
Johnson v. Romaguera 349 So. 2d 411 La. Ct. App. 5th Cir. 1977
Johnson v. Johnson 296 So. 2d 470 La. Ct. App. 2d Cir. 1974
Bynum v. Bynum 296 So. 2d 382 La. Ct. App. 2d Cir. 1974
Cowart v. Southern Farm Bureau Casualty Insurance Co. 273 So. 2d 357 La. Ct. App. 1st Cir. 1973
Davis v. Davis 258 So. 2d 138 La. Ct. App. 1st Cir. 1972
Adler v. Adler 239 So. 2d 494 La. Ct. App. 4th Cir. 1970
Karl v. Karl 191 So. 2d 674 La. Ct. App. 1st Cir. 1966
LaFiette v. Travelers Insurance Co. 191 So. 2d 790 La. Ct. App. 1st Cir. 1966
Phillips v. Insurance Co. of North America 181 So. 2d 446 La. Ct. App. 1st Cir. 1965
Schwander v. Foster 165 So. 2d 891 La. Ct. App. 1st Cir. 1964

Opinion text

McCALEB, Justice (concurring). I am in accord with the conclusion of the majority but for a different reason than that announced in the opinion. It appears to me that, when Mr. Olivier failed to contest the abandonment suit brought by his former wife in 1952 and suffered judgment to go against him by default, he forfeited the right to deny her claim that she was without fault as it had already been judicially recognized that he was solely at fault. Therefore, it matters not whether her previous conduct was the underlying cause .of the separation. For this reason, I concur in the decree.