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Hughes v. Hughes
Court of Appeal of Louisiana for the Second Circuit
326 So. 2d 877 (La. Ct. App. 1976), 91 N.M. 339, 573 P.2d 1194 (1978)
Mr. Hughes (defendant) and Mrs. Hughes (plaintiff) were married. Mrs. Hughes moved out the household on account of the abusive conduct of Mr. Hughes. Specifically, Mrs. Hughes testified at trial that Mr. Hughes was habitually intemperate, was verbally abusive, and had threatened physical violence. At one point, Mrs. Hughes had moved back in with Mr. Hughes to attempt reconciliation, but approximately one month later, Mr. Hughes’s abusive behavior began again. At that point, Mrs. Hughes moved out for good and filed a petition for divorce, alleging cruel treatment. Mr. Hughes denied the allegations in the petition and argued that Mrs. Hughes’s leaving the household constituted desertion. Testimony of the Hugheses’ daughter corroborated Mrs. Hughes’s testimony regarding Mr. Hughes’s abusive behavior. The trial court granted Mrs. Hughes’s petition. Mr. Hughes appealed.
Rule of Law
Holding and Reasoning (Price, J.)
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