Legal Opinion · Dissent

Jefferson v. Jefferson

Supreme Court of Louisiana

Decided March 30, 1964No. 46871Published

1DissentMcCALEB, Justice

I do not agree that defendant was required to except in limine to plaintiff’s incapacity or lack of legal right to sue as natural tutrix of her minor child. It was alleged in the petition that the child was issue of plaintiff’s marriage to Limas Jefferson; that he had not resided with plaintiff since he abandoned her shortly after the marriage; that he has failed and refused to support her and his child and that he is now attending Southern University at Baton Rouge as a student.

The substantive law, Article 221 of the Civil Code, provides that the father, during the marriage, “is * * *…

2Cases cited3 opinions

  1. Tolley v. KarcherSupreme Court of Louisiana · 1941
  2. Nations v. NationsLouisiana Court of Appeal · 1961
  3. Barcelo v. BarceloSupreme Court of Louisiana · 1932

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