GERVAIS v. FALGOUST

No. 54298.

289 So.2d 161 (1974)

Cheryl GERVAIS, wife of Robert BORRAS v. Dorothy NEW, wife of Sherman FALGOUST.

Supreme Court of Louisiana.

February 15, 1974.


Writ denied. The judgment of the Court of Appeal is correct.

BARHAM, J., dissents from the writ denial. The mother here who applied for custody of her child under a habeas corpus remedy, has shown her "paternal" authority. The habeas corpus remedy is designed to test the authority of the person to have legal custody. C.C.P. Art. 3821. Nothing else is before a district court in a habeas corpus proceeding except the question of determination of which claiming...

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