Tardy v. Carra
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge. Habeas corpus proceedings by Mrs. Emma Tardy, wife of Joseph Henry Luwisch, and' husband, against Rev. Father Raymond Carra, and another, to obtain custody of a child. Judgment for defendants, and relators appeal.
1Opinion of the CourtDawkins, J.
Appellees move to dismiss this appeal on the ground that this court has no appellate jurisdiction in habeas corpus proceedings.
[1] This case is one involving the custody of a minor child. Plaintiffs claim the legal custody, and that defendants have forcibly taken and are now withholding said child without any color of lawful right or proceeding. It would seem that this court, under the circumstances, is specially vested with jurisdiction, under article 85 of the Constitution, giving the right to appeal to it in “all matters of adoption, emancipation, legitimacy, and custody of children.”
Counse…
2Cases cited3 opinions
- State ex rel. Lasserre v. MichelSupreme Court of Louisiana · 1901
- Prieto v. St. Alphonsus Convent of MercySupreme Court of Louisiana · 1900
- Ex parte RyanSupreme Court of Louisiana · 1909
3Cited by5 opinions
- Downey v. DowneySupreme Court of Louisiana · 1935
- State Ex Rel. McIsaac v. SiglerSupreme Court of Louisiana · 1959
- Tate v. TateSupreme Court of Louisiana · 1927
- Hattier v. MartinezSupreme Court of Louisiana · 1941
- State Ex Rel. Glaser v. VicknerSupreme Court of Louisiana · 1925