Graham's Heirs v. Gibson
Supreme Court of Louisiana
Western Dist. APPEAL PROM THE COURT OP THE NINTH JUDICIAL DISTRICT, POR THE PARISH OF CARROLL, THE JUDGE THEREOF PRESIDING. •This action was instituted by the Lutor of two of the heirs of W. Graham, deceased, and by the under tutor of the other heir, to annul and set aside the probate sale of the property of the estate of their ancestor, which they allege was sold contrary to law.
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Western Dist. APPEAL PROM THE COURT OP THE NINTH JUDICIAL DISTRICT, POR THE PARISH OF CARROLL, THE JUDGE THEREOF PRESIDING. •This action was instituted by the Lutor of two of the heirs of W. Graham, deceased, and by the under tutor of the other heir, to annul and set aside the probate sale of the property of the estate of their ancestor, which they allege was sold contrary to law. The plaintiffs allege, that the sale in question was made without any notice to them, or the advice of a family meeting, and purchased in by William Benjamin, at the time tutor to one of the heirs, and under tutor…
1Opinion of the CourtStrawbridge, J.
The signature of a constable to a return of ser-made^by^hhn’ wiu be tabe,n as true, without proof _ _ being made of it.
A motion has been made to dismiss the appeal on the ground of insufficient service of the citation.
The return is made by a person signing himself “ A. B., constable.” The errors alleged are:
1st. That a constable is not authorized to serve citations from the District Court.
2d. That there is no proof of his authority.
Article 765 of the Code of Practice, provides, that “ sheriffs may notify and execute the different orders, citations, &c. by means of constables“ they being…
2Cited by9 opinions
- Zeigler v. His CreditorsSupreme Court of Louisiana · 1896
- Delavigne v. GaiennieSupreme Court of Louisiana · 1845
- Linman v. RigginsSupreme Court of Louisiana · 1888
- Crawford v. BinionSupreme Court of Louisiana · 1894
- Griffing v. BowmarSupreme Court of Louisiana · 1842
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