
    Edmonds v. Her Husband.
    Where thfe petition in am action for separation a mensa eb Ihoro contains nó prayer for a partition of the property of the community, and the defendant has had no notice of an application foi1 that purpose, a separation- of property cannot be decreed at the time of rendering judgment for a separation.
    from the District Gourt of St. Landry; Overton, J.
    
      Swayze and-
    
      Taylor, for the plaintiff.
    
      Martin and Linton, for the appellant.
   The' judgment of the comf was pronounced by

Rost, J.

The plaintiff sued her husb’aud for a Separation1 from bed and board, on the ground that he kept his concubine in the common dwelling. The defendant has pleaded abandonment and adultery on the part of his.wife, and prays that he may be divorced from her. He has appealed from the judgment rendered against him; and the plaintiff asks that it be amended, so as to decree ■a dissolution of the community and a partition of the property composing it.

The allegations of the petitition are fully sustained by the evidence. The defendant introduced witnesses to prove adultery on the part of the plaintiff; but the judge of the District Court informs us that he attached no weight whatever to their testimony.

We have neither means nor inclination to differ fi’om our learned brother, in a matter of this kind. The virtuous indignation which he cannot conceal in redressing the wrongs of a poor colored woman, shows a proper sense of his duties as a guardian of public morals.

A separation from bed and board carries with it a separation of goods nnS effects; but as the petition contains no prayer for a partition of those effects, and the defendant has had no notice of this application, we think it was properly rejected by the district judge. Judgment affirmed-  