Louisiana Society for Prevention of Cruelty to Children v. Tyler

Citations

• 114 La. 592
• 38 So. 464
• 1905 La. LEXIS 511

Syllabus

<p>PARENT AND CHILD — CUSTODY OE C1ITLD — ORPHANS’ HOME — AUTHORITY AND POWERS.</p> <p>1. Relator here, plaintiff in another suit, authorized by Act No. 79, p. 91, of 1894, obtained a judgment removing the parent from the custody of her children and placing them in its custody.</p> <p>2. In 1902 relator’s agent called on respondent for the return to its custody of one of the children placed in respondent’s charge by relator, in order, the relator averred, to place the child elsewhere.</p> <p>3. Respondent claimed that it had the custody and control of the child; that she was amply provided with all she needed; that she was received at the orphans’ home with the distinct understanding that she was to remain as long as she desired to remain; that relator has no power to control the child.</p> <p>4. Relator, on the other hand, points to the statute conferring upon it authority . in the premises, and claims that through its agency the child was placed temporarily at the orphans’ home, and through the same agency the society wishes to have her returned to be placed elsewhere.</p> <p>5. It is deemed advisable to remand the case for further testimony, and to let all questions involved regarding the child be considered.</p> <p>(Syllabus by the Court.)</p>