
    (84 South. 166)
    No. 23487.
    SCHMALZ v. SCHMALZ.
    (March 1, 1920.
    Rehearing Denied April 5, 1920.)
    
      (Syllabus by Editorial Staff.)
    
    1. Evidence <&wkey;594 — Uncontradicted evidence FOR WIFE IN SEPARATION SUIT MAKES ABSOLUTE PROOF.
    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 <&wkey;27(18) — Defamation and CRUEL TREATMENT ENTITLES WIFE TO SEPARATION AND CUSTODY OF CHILDREN.
    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.
    Appeals from Civil District Court, Parish of Orleans; George H. Théard, Judge.
    Suit for separation by Mary Meynier Schmalz against August F. Schmalz, her husband. From judgment for plaintiff, defendant appeals.
    Affirmed.
    Loys Charbonnet, of New Orleans, for appellant.
    Joseph Harris Brewer, of New Orleans, for appellee.
   O’NIELL, J.

The defendant appeals from a judgment of separation granting his wife 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.  