In re Manouvrier

Supreme Court of Louisiana

In re Manouvrier

16 La. Ann. 257

DecidedApril 15, 1861

StatusPublished

This text of 16 La. Ann. 257 (In re Manouvrier) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Manouvrier, 16 La. Ann. 257 (La. 1861).

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Opinion

Vooehies, J.

The relators claim the custody of a child, whom they have adopted. The defendants, the father and mother, resist the application on several grounds, stated in their answer.

Our jurisdiction is appellate in all civil matters; and our authority to issue writs of Habeas Corpus extends only to cases where the parties are in actual custody under process in all cases, in which we may have appellate jurisdiction. Const. Art. 69.

As it is not pretended that the child, whose custody is the object of the present controversy, is in actual custody under process of law, we must decline taking-cognizance of this application.

Rule discharged.

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Vooehies, J.

The relators claim the custody of a child, whom they have adopted. The defendants, the father and mother, resist the application on several grounds, stated in their answer.

Our jurisdiction is appellate in all civil matters; and our authority to issue writs of Habeas Corpus extends only to cases where the parties are in actual custody under process in all cases, in which we may have appellate jurisdiction. Const. Art. 69.

As it is not pretended that the child, whose custody is the object of the present controversy, is in actual custody under process of law, we must decline taking-cognizance of this application.

Rule discharged.

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Bluebook (online)

16 La. Ann. 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-manouvrier-la-1861.