Legal Opinion
McVay v. New Orleans Public Service, Inc.
Louisiana Court of Appeal
Decided May 8, 1933No. 14337PublishedCited by 8 opinions
1Opinion of the Court
JANVIER, Judge.
This is a suit for damages. It is brought on behalf of a minor child by a mother separated by judgment of court from the father. Under that judgment the care and custody of the minor was awarded to the mother.
Defendant challenges the right of the mother to represent the minor in this suit since there is in the petition no allegation to the effect that the mother has qualified as tu-trix. In the court below the exception to the capacity of the mother was maintained and the suit was dismissed.
Plaintiff asserts that, where parents are separated by judgment of court, that one to…
2Cases cited8 opinions
- La Casse v. New Orleans, T. & M. R.Supreme Court of Louisiana · 1914
- Wheeler v. RodriguezLouisiana Court of Appeal · 1930
- Walder v. WalderSupreme Court of Louisiana · 1925
- Montfort ex rel. Montfort v. SchmidtSupreme Court of Louisiana · 1884
- Succession of HaleySupreme Court of Louisiana · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jefferson v. JeffersonSupreme Court of Louisiana · 1964
- Coignard v. F. W. Woolworth & Co.Louisiana Court of Appeal · 1937
- Hessler v. Travelers Insurance Co.Louisiana Court of Appeal · 1967
- Higginbotham v. Inland Empire Ins.Louisiana Court of Appeal · 1956
- Succession of JonesLouisiana Court of Appeal · 1966
3 more not listed; retrieve them via the Exa API.