Hahn v. King

Citations

• 109 La. 161
• 33 So. 121
• 1902 La. LEXIS 128

Syllabus

<p>APPEAL — DIVORCE—REMARRIAGE—ESTOPPEL.</p> <p>1. By making an appeal rest upon an order of appeal to be granted by the court which rendered it, authority is vested in that court to determine primarily whether the order should be granted, leaving the legality of its action to be tested through an application for mandamus.</p> <p>2. Where a father is ordered, under a writ of habeas corpus, to place a minor child, of whom he had the possession, in the custody of its mother, under the terms of a judgment of divorce which the latter had obtained in another state against her husband, the father of the child, the husband is estopped from contesting that judgment, when on the trial of the writ he testified himself that under authority of that judgment he had contracted a second marriage. Under such circumstances the district judge will not be forced by mandamus to grant the husband and father a suspensive appeal from his own judgment, carrying the divorce into execution.</p> <p>(Syllabus by the Court.)</p>