State ex rel. Raborn v. Bergeron, 178 So. 2d 663 (La. 1965). · Go Syfert
Search
State ex rel. Raborn v. Bergeron, 178 So. 2d 663 (La. 1965). Cases Citing This Book View Copy Cite
11 citation events (1 in the last 25 years) across 4 distinct courts.
Strongest positive: Louisiana Power & Light Co. v. Caldwell (la, 1978-06-19)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Louisiana Power & Light Co. v. Caldwell
La. · 1978 · confidence medium
In response, the court relied upon Texas Eastern Transmission Corporation v. Bowie Lumber Company, 176 So.2d 735 (La.App. 1st Cir. 1965), writ denied 248 La. 385 , 178 So.2d 663 (1965), for the proposition that "the selection of a route by the expropriating authority or agency will not be disturbed or upset except upon the showing by the party resisting the expropriation that the selection was made through fraud, bad faith or conduct or practices amounting to abuse of the privilege." Id. at 739.
Retrieving the full opinion text from the archive…
STATE of Louisiana ex rel. Clyde E. RABORN
v.
Moran BERGERON
No. 47888.
Supreme Court of Louisiana.
Oct 13, 1965.
178 So. 2d 663
Sanders.
Cited by 1 opinion  |  Published
SANDERS, J.,

is of the opinion that a writ should be granted. The habeas corpus proceeding was a summary proceeding in the district court. LSA-C.C.P. Arts. 2592, 3781, 3782, 3784. When it was filed and heard, the tutor of the minor child was seeking to have the child released and delivered to his custody by the defendant, Moran Bergeron, who bore no legal relationship to the child and had no custody order. The habeas corpus decision could be based only on the evidence adduced at the habeas corpus hearing. Without expressing any opinion on other legal questions or on the merits of the case, he is of the view that the district court committed legal error by deferring a decision of the habeas corpus proceeding and considering in its decision the confidential adoption report of the Department of Public Welfare filed in the Juvenile Court adoption matter while the habeas corpus was under advisement, as well as the subsequent proceedings in the adoption case.