State ex rel. Birch v. Baker
Supreme Court of Louisiana
Appeal from Twenty-Sixth Judicial District Court, Parish of Washington; Prentiss 13. Carter, Judge. Habeas corpus by the State, on relation of James R. Birch, against George W. Baker and wife, to recover custody of relator’s minor child. From a judgment making the writ absolute, giving permanent custody of the child to relator subject to the action of the juvenile court as to the legal custody of the child, respondents appeal.
1Opinion of the CourtSommerville, J.
On motion to dismiss appeal. Relator and appellee moves to dismiss the appeal taken by respondent on the ground that, after the judgment appealed from had been rendered, respondent had acquiesced in the judgment by filing a certain motion in the district court.
[1] Appellee is in error. The motion was a plea to the jurisdiction of the district court, in which it was alleged that the case was within the jurisdiction of the juvenile court, and it was filed before the case was tried dr judgment was rendered.
*321The motion to dismiss the appeal is overruled.
2Cited by9 opinions
- In Re Adoption of BGSSupreme Court of Louisiana · 1990
- Brand v. MornhinvegSupreme Court of Louisiana · 1922
- Spaulding v. Children's Home Finding & Aid Society of North Idaho, Inc.Idaho Supreme Court · 1965
- Tate v. TateSupreme Court of Louisiana · 1927
- Hattier v. MartinezSupreme Court of Louisiana · 1941
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