SMITH v. COLE

No. 89-C-1134.

553 So.2d 847 (1989)

Ledora McCathen SMITH v. Playville Joseph COLE.

Supreme Court of Louisiana.

December 11, 1989.


Attorney(s) appearing for the Case

William R. Ary, New Orleans, for defendant-applicant.

Charles R. Grady, New Orleans, for plaintiff-respondent.


COLE, Justice.

The issue is whether a biological father is obligated to provide support for his child notwithstanding the child was conceived or born during the mother's marriage to another person and thus the legitimate child of that other person. In this instance, the mother asserts a filiation and support action against the alleged biological father. He filed the peremptory exception raising the objections of no cause of action and no right of action. The trial...

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