Wheat v. Wheat
This text of 516 So. 2d 360 (Wheat v. Wheat) 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.
Opinion
Granted. The judgment of the trial court maintaining the exception of lack of venue to the habeas corpus petition and the exception of lis pendens in the custody action is set aside. La.C.C.P. art. 3822 (providing for venue in habeas corpus proceedings) is not applicable when the habeas corpus is ancillary to another suit. See Official Revision Comment (c). Moreover, venue in the custody matter is proper only in Jefferson Parish. The exceptions are overruled, and the case is remanded to the trial court for further proceedings, with instructions to proceed summarily with the habeas corpus proceeding.
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Cite This Page — Counsel Stack
516 So. 2d 360, 1987 La. LEXIS 10882, 1987 WL 23749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheat-v-wheat-la-1987.