
    No. 2450.
    W. J. Jurgielewiez v. Laura Jurgielewiez.
    A judgment of divorce a vinculo matrimonii rendered on a rulo taken by one of tito parties on a judgment of separation from bed and board, is absolutely null and void if tlie opposing party has not boon cited nor has appeared to defend tho suit.
    Appeal from the Fifth District Court, parish of Orleans. Leaumont, J.
    
      Fellows & Mills, for plaintiff and appellee. Gotton & Levy, for defendant and appellant.
   Ludeling, C. J.

The plaintiff having obtained a judgment of separation from bed and hoard on the twenty-eighth of June, 1867, took a rule on the defendant on the eighteenth of March, 1868, to show cause why a decree of divoree a vinculo matrimonii should not he rendered, and on the twenty-third day of March, 1868, a final judgment was rendered on the rule in favor of the plaintiff, notwithstanding defendant had made no appearance. From this judgment the defendant has appealed.

We think the judgment is a nullity because the defendant was not legally cited and she did not appear to defend the suit. 18 An. 455, Gernon v. Hickey; 10 Au. 156, Leachaud v. Wife.

It is therefore ordered that the judgment of the district court he annulled and that the i>laintiff pay the costs of suit.

Rehearing refused.  