Legal Opinion
State Ex Rel. Divens v. Johnson
Supreme Court of Louisiana
Decided December 11, 1944No. 37661PublishedCited by 5 opinions
1Opinion of the Court
HIGGINS, Justice.
The father of a twelve year old daughter applied for a writ of habeas corpus, alleg ing that on Oct. 26, 1934, in a divorce proceeding against his wife on the grounds of adultery, he had been awarded the permanent care and custody of the child, and that the mother was unlawfully detaining her and refused to surrender her to him.
The defendant filed a plea of lis pendens averring that the identical issue between the same parties was pending in this Court under No. 37672 of the docket, on a suspensive appeal taken by her from an adverse judgment of the same court rendered in the…
2Cases cited8 opinions
- Pullen v. PullenSupreme Court of Louisiana · 1926
- Wheeler v. WheelerSupreme Court of Louisiana · 1936
- Higginbotham v. LoftonSupreme Court of Louisiana · 1935
- In Re OwenSupreme Court of Louisiana · 1930
- State Ex Rel. Herbert v. RenaudSupreme Court of Louisiana · 1925
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3Cited by5 opinions
- Bergeron v. BergeronSupreme Court of Louisiana · 1986
- Scott v. WareLouisiana Court of Appeal · 1964
- Smith v. SmithLouisiana Court of Appeal · 1965
- Stelly v. MontgomeryLouisiana Court of Appeal · 1977
- Stelly v. MontgomerySupreme Court of Louisiana · 1977