In re Sherill
| Decision Date | 07 February 1944 |
| Docket Number | 37338. |
| Citation | 16 So.2d 885,204 La. 1096 |
| Court | Louisiana Supreme Court |
| Parties | In re SHERILL. |
Prowell & McBride, of New Orleans, and Parker Seale & Kelton, of Baton Rouge, for applicant.
Lester Wilson and Isaac Abramson, both of Shreveport, and Harry R Cabral, of New Orleans, for respondent.
In a petition to this court, Mrs. Virginia Paline Sherill alleged in effect, among other things, that her minor daughter has been called a 'neglected child' in an affidavit of Mrs Wilma Frey Delaune filed in the Juvenile Court of Caddo Parish, but that such affidavit does not charge the existence of any one of the numerous conditions set forth in Section 9 of Act No. 30 of 1924, by which a minor is judicially determined to be a 'neglected child'; that the action of Mrs. Delaune is a deliberate attempt to circumvent the order of the Civil District Court for the Parish of Orleans rendered on August 26, 1943, in which petitioner was awarded the child's custody; and that in the absence of the required and mentioned specific statutory charge the Juvenile Court is without jurisdiction of her minor daughter.
Petitioner then prayed that 'a writ of certiorari issue, commanding the Honorable Chris Barnette Judge of the Juvenile Court, Caddo Parish, to send up to this Court a certified copy of all proceedings had in case No. 8596 pending in his Court, and that, upon due hearing, a writ of prohibition issue, directing him not to proceed further with the trial of said cause, and particularly from proceeding with the trial set for October 26, 1943, and that finally the order rendered by him on September 11, 1943, be set aside and that proceedings No. 8596 be ordered dismissed because the said Court lacks jurisdiction to entertain, try, or determine the same.'
On the showing made, we ordered the respondent judge, through the writ of certiorari, to transmit to this court the record, or a certified copy, of the proceedings complained of by relator. Further said judge, as well as Mrs. DeLaune, was directed to show cause in this court why the relief prayed for in the petition of relator should not be granted, the issued rule being accompanied by a stay order.
Our examination of the transmitted certified copy of the record following its filing here and the submission of the matter for decision, discloses that no plea to the jurisdiction of the Juvenile Court of Caddo Parish was tendered by petitioner and...
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In re Sherrill
... ... [206 ... La. 459] Prowell & McBride, of New Orleans, and Parker, ... Seale & Kelton, of Baton Rouge, for applicant ... Wilson ... & Abramson, of Shreveport, for respondent ... FOURNET, ... This is a ... sequel to the case of In re Sherill, 204 La. 1096, 16 So.2d ... 885, wherein we denied Mrs. Virginia Paline Sherrill's ... application for a writ to prohibit the judge of the Juvenile ... Court of the City of Shreveport, Caddo Parish, because of his ... lack of jurisdiction, from proceeding with [206 La. 460] the ... case filed ... ...
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State v. Brockner
...rule is clearly recognized and stated in our jurisprudence. State v. City of New Orleans et al., 149 La. 788, 90 So. 196; In Re Sherill, 204 La. 1096, 16 So.2d 885. The Sherill case, a controversy strikingly similar to the instant one, involved the question of the custody of a minor child i......