Stirgus v. Stirgus

Supreme Court of Louisiana
Stirgus v. Stirgus, 352 So. 2d 242 (La. 1977)
1977 La. LEXIS 6750
Are, Dennis, Granted, Sanders, Should, Summers

Stirgus v. Stirgus

Opinion of the Court

In re: Civil District Court for the Parish of Orleans and the Judges thereof, applying for Supervisory Writs of Certiorari, Mandamus and Prohibition.

Writ denied. No error of law.

SANDERS, C. J., and SUMMERS, J., are of the opinion that a writ should be granted.

Concurring Opinion

DENNIS, J.,

concurs in denial of the writ. Although the local rule appears to be inconsistent with L.C.C.P. Art. 5182 and 5183 which contemplate that the privilege of litigating without prior payment of costs be extended to litigants who are clearly entitled to it from his pleadings and supporting affidavits, our disapproval of the rule will not preclude the trial court from requiring a personal appearance of litigants when such affidavit, or additional supporting data such as questionaires, do not establish that the litigant is entitled to the privilege with reasonable clarity.

Reference

Full Case Name
Mildred Applebury STIRGUS v. David STIRGUS
Status
Published