State ex rel. Lasserre v. Michel

Citations

• 105 La. 741

Syllabus

<p>Syllabus.</p> <p>1. It is error for a District Court to refuse to entertain, an application made to it by a husband and father, during his marriage, for a writ of habeas corpus to be directed to his wife, the application being based upon an alleged illegal detention by the latter of their minor child, upon the ground that the spouses can only bring suit against each other in specially permitted cases, and that application of this character is not authorized by law.</p> <p>2. A writ of habeas corpus is essentially a writ of enquiry in aid of right and liberty in respect to matters in which the State has an interest, though private rights may be involved. The writ simply brings the parties before the court for the ascertainment of the facts of the case. The court is clothed with a sound discretion, after hearing', to grant or refuse to the applicant the’ relief asked for. Neither spouse has an absolute right to the custody of the children.</p>