Legal Opinion
Gervais v. Falgoust
Supreme Court of Louisiana
Decided February 15, 1974No. 54298Published
1Opinion of the Court
289 So.2d 161 (1974)
Cheryl GERVAIS, wife of Robert BORRAS
v.
Dorothy NEW, wife of Sherman FALGOUST.
No. 54298.
Supreme Court of Louisiana.
February 15, 1974.
Writ denied. The judgment of the Court of Appeal is correct.
2DissentBarham, J.
The mother here who applied for custody of her child under a habeas corpus remedy, has shown her "paternal" authority. The habeas corpus remedy is designed to test the authority of the person to have legal custody. C.C.P. Art. 3821. Nothing else is before a district court in a habeas corpus proceeding except the question of determination of which claiming party has legal authority.…
Also in this document: Concurrence.
3Cases cited3 opinions
- Griffith v. RoySupreme Court of Louisiana · 1972
- In Re SherrillSupreme Court of Louisiana · 1944
- New Orleans Firefighters Ass'n, Local 632 v. City of New OrleansSupreme Court of Louisiana · 1974