State ex rel. Huber v. King
Supreme Court of Louisiana
QN APPLICATION for Writs of Habeas Corpus and Certiorari. In the petition filed, in this case on behalf of the relator, it is alleged that the latter is illegally and unwarrantably imprisoned and deprived of his liberty by the civil sheriff of the parish of Orleans and the keeper of the parish prison of said parish, under and by virtue of a pretended commitment issued in the matter entitled Emily Weyman vs. Louis J. Huber (her husband) for divorce (No. 54,033 of the docket…
Read the full summary
QN APPLICATION for Writs of Habeas Corpus and Certiorari. In the petition filed, in this case on behalf of the relator, it is alleged that the latter is illegally and unwarrantably imprisoned and deprived of his liberty by the civil sheriff of the parish of Orleans and the keeper of the parish prison of said parish, under and by virtue of a pretended commitment issued in the matter entitled Emily Weyman vs. Louis J. Huber (her husband) for divorce (No. 54,033 of the docket of the Civil District Court, Division B.), issued by Hon. F. D. King judge of the said court. That a writ of -fieri…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
The pleadings raise no issue as to the proceedings themselves as taken in the lower court other than that the rule which terminated in the order of imprisonment, of which the relator complains, was issued at the instance of the wife, and it is contended that a wife is prohibited from bringing suit against her husband, except in certain specially enumerated cases, of which this proceeding is not one. The rule for contempt is not a suit of the wife against her husband; it is action taken by the court itself upon having certain matters…
2Cases cited4 opinions
- Lyon v. LyonSupreme Court of Connecticut · 1851
- Pain v. . PainSupreme Court of North Carolina · 1879
- Menzie v. AndersonIndiana Supreme Court · 1879
- Daniels v. LindleySupreme Court of Iowa · 1876
3Cited by27 opinions
- Messersmith v. MessersmithSupreme Court of Louisiana · 1956
- Cotton v. WrightSupreme Court of Louisiana · 1939
- Snow v. SnowSupreme Court of Louisiana · 1937
- Eals v. SwanSupreme Court of Louisiana · 1952
- Fazzio v. KriegerSupreme Court of Louisiana · 1954
22 more not listed; retrieve them via the Exa API.