Newman v. Newman

241 So. 2d 529, 257 La. 165, 1970 La. LEXIS 3503
CourtSupreme Court of Louisiana
DecidedDecember 14, 1970
DocketNo. 51028
StatusPublished

This text of 241 So. 2d 529 (Newman v. Newman) 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
Newman v. Newman, 241 So. 2d 529, 257 La. 165, 1970 La. LEXIS 3503 (La. 1970).

Opinion

SUMMERS, Justice,

is of the opinion the writ should not be filed in forma pauperis for it involves a suit for separation from bed and board, La. Code Civ.P. Art. 5181. I concur, however, with the majority that the ruling of the trial court is correct.

BARHAM, Justice,

is of the opinion the writ should be granted. The issue of discriminatory imposition of costs without benefit of the poor to proceed in forma pauperis is before the United States Supreme Court under the United States Constitution in two cases. I am of the opinion that our C.C.P. Article 5181 poses a serious constitutional question under our own constitution. We should review the matter especially in view of the mandates of La.Const. Article 1, Sec. 2 and Article 1, Sec. 6.

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Bluebook (online)
241 So. 2d 529, 257 La. 165, 1970 La. LEXIS 3503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newman-v-newman-la-1970.