Legal Opinion

Succession of Forstall

Supreme Court of Louisiana

Decided January 15, 1880No. 7129PublishedCited by 3 opinions

PPEAL irom the Second District Court, parish of Orleans. Tissot, J. E. H. Farrar, for M. E. Forstall, appellant, contended : That “ the testimony of witnesses in causes before the courts of probate shall be taken in writing and annexed to the record, and a list shall be made of such documents as are produced by the parties, and are not annexed to the record, that they may be read on the appeal.” This provision of law has always been held to be imperative.

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PPEAL irom the Second District Court, parish of Orleans. Tissot, J. E. H. Farrar, for M. E. Forstall, appellant, contended : That “ the testimony of witnesses in causes before the courts of probate shall be taken in writing and annexed to the record, and a list shall be made of such documents as are produced by the parties, and are not annexed to the record, that they may be read on the appeal.” This provision of law has always been held to be imperative. Polk vs. Childers, 4 An. 500; Tompkins vs. Benjamin, 16 L. 200 ; Graham vs. Graham, lb. 203; Reihl vs. Martin, 29 A. 17. Second — That the…

1Opinion of the Court

The opinion of the court on the motion to dismiss, was delivered by Manning, C. J., and on the merits by Spencer, J.

On Motion to Dismiss.

Manning, C. J.

A compromise or arrangement was made by the tutrix of the appellant of matters affecting her interest in the succession of her grandfather which was ratified by a family meeting and a judgment of homologation entered thereon. Marie Forstall, the minor, has now attained majority, and brings up these proceedings for our revision by this appeal."

The other members of the family move to dismiss the appeal on the grounds that an appeal does not lie…

2Cases cited1 opinion

  1. Freret v. MarignySupreme Court of Louisiana · 1835

3Cited by3 opinions

  1. Wilkin-Hale State Bank v. TuckerSupreme Court of Louisiana · 1921
  2. Lassus v. ClarkeSupreme Court of Louisiana · 1914
  3. Foster v. Iberia, St. M. & E. R.Supreme Court of Louisiana · 1911

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