Berluchaux v. Berluchaux
Supreme Court of Louisiana
ON A PETITION FOR A RE-HEARING. This case comes before the court, in this instance, on an application for are-hearing. See the decisionof the case, ante 539. applied for a re-bearing, on the following grounds : 1. In this case tbe minor to whom a tutor has been appointed, resides with her mother, in the dominions of Spain, where natural tutorship is governed by the same principles as those which prevail in Louisiana. 2. By our laws, tbe tutorship of minor children belongs of…
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ON A PETITION FOR A RE-HEARING. This case comes before the court, in this instance, on an application for are-hearing. See the decisionof the case, ante 539. applied for a re-bearing, on the following grounds : 1. In this case tbe minor to whom a tutor has been appointed, resides with her mother, in the dominions of Spain, where natural tutorship is governed by the same principles as those which prevail in Louisiana. 2. By our laws, tbe tutorship of minor children belongs of right to the surviving parent, as natural tutor; it takes place as a matter of right, without being confirmed by the…
1Opinion of the CourtBullard, J.
The court has given to the petition for a re-hearing in this case, a deliberate consideration, and now proceeds to state the reasons why its first judgment should not be disturbed. •
We do not hesitate to avow that our first impressions were strongly in accordance with the views of the counsel for the appellant. It seems well settled, and the _ principle is not controverted by this court, that the tutor of a minor deriving his authority from the law of their common domicil, has a right to exercise the actions of his pupil every where. The comity of nations recognises the validity of such an…
2Cited by2 opinions
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- Curtis v. Union Homestead Ass'nSupreme Court of Louisiana · 1910