Succession of Moore
Supreme Court of Louisiana
APPEAL from the Second District Court of New Orleans, John Sims, in his capacity of administrator of the succession of Maira Moore, deceased, took a rule on Charles Ross, requiring him to show cause why he should not deliver to him certain articles of movable property, alleged to belong to the succession of Maria Moore, of the alleged value of $4,398, which it was claimed Ross held in his possession, and refused to deliver to the administrator.
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APPEAL from the Second District Court of New Orleans, John Sims, in his capacity of administrator of the succession of Maira Moore, deceased, took a rule on Charles Ross, requiring him to show cause why he should not deliver to him certain articles of movable property, alleged to belong to the succession of Maria Moore, of the alleged value of $4,398, which it was claimed Ross held in his possession, and refused to deliver to the administrator. Ross, by his counsel, excepted to the form of proceeding, and claimed that the administrator had no authority to proceed against him by rule or…
1Opinion of the Court
Hyman, O. J.
A rule was taken by the administrator of the succession of Maria Moore, deceased, on Charles Ross, for him to show cause why oertain movable property in his possession, claimed as belonging to said succession, should not be delivered by him to the administrator.
Ross, by exception, objected to this mode of proceeding. His exception was overruled, and judgment was rendered against him.
From the judgment the administrator appealed.
Summary proceedings are only to be used when prescribed by law. Code Practice, Art. 754.
No provision of law authorizes the administrator of a succession to…
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