
    (85 South. 216)
    No. 23557.
    CAMP v. CAMP.
    (June 12, 1920.)
    
      (Syllabus by Editorial Staff.)
    
    
      1. Divorce <&wkey;!72 — Judgment in separation suit held not res judicata in divorce action.
    • A judgment in' a separation suit, awarding plaintiff wife alimony for 12 months, held not res judicata in a subsequent suit by the wife for divorce and alimony.
    2. Divorce i&wkey;298(6) — Award of custody of five year old girl to wife held proper.
    In a divorce proceeding, wherein the wife sought the custody of a five year old girl, a decree, awarding the custody to the wife, although very poor and largely dependent upon her father for support, 'held proper; defendant being amply able to pay alimony.
    Appeal from Second Judicial District Court, Parish of Webster; J. N. Sandlin, Judge.
    Suit by Mrs. Florence Camp against Jonathan N. Camp, for divorce. Judgment for plaintiff, and defendant appeals.
    Affirmed.
    McDonald & Langston, of Minden, for appellant.
    L. K. Watkins, of Minden, for appellee.
   SOMMERVILLE, J.

Plaintiff sued the defendant, her husband, for divorce, and based her action upon a judgment of separation from bed and board, rendered more than one year prior to the filing of the petition in this case. She aslsed to be awarded the custody of their little girl, and for alimony for herself and child. Defendant filed a plea of res judicata to the claim for alimony and a plea of estoppel to the same item. He then answered, asking that he be awarded the custody of the minor child for a part of the time, if not for the entire time.

The two pleas were referred to the merits of the cause, and there was judgment in favor of plaintiff, awarding her a final divorce and' the custody of her little girl, and for alimony in the sum of $15 per month for the plaintiff and $10 per month for the minor child, Lottie B. A. Camp.

Defendant appealed, and plaintiff has answered the appeal, and asks that defendant be condemned in damages for having taken a frivolous appeal.

The only matter contested in the case was the claim for alimony by plaintiff for herself and her minor child. The pleas of res judicata and estoppel which were filed by the defendant to the claim for alimony were not passed upon by the court, but they were without merit. The judgment in the separation suit, awarding plaintiff alimony for 12 months, was not res judicata in this case for a divorce and for alimony.

As to the custody of the little child, aged' about five years, we think that the district judge ruled properly in awarding it to the care and keeping of the mother, although she is very poor, and is largely dependent upon her father for support. But, the father of the child appears to be amply able to support it; and to pay the alimony awarded in the judgment for that purpose.

The judgment appealed from is affirmed.  