Heroman v. Louisiana Institute of Deaf & Dumb
Supreme Court of Louisiana
APPEAL from the Seventeenth Judicial District Court, Parish of East Baton Rouge. Sherburne, J. 1. A natural tutrix who remarries without convoking a family meeting to advise as to her continuance as tutrix, ipso facto, ceases to be tutrix, and thenceforth she is without power to bind the minor by any acknowledgment, express or implied. 2D An. 802 ; 31 An. 380. 2. Prescription is not interrupted on a claim against a succession by any process served upon one who has ceased to…
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APPEAL from the Seventeenth Judicial District Court, Parish of East Baton Rouge. Sherburne, J. 1. A natural tutrix who remarries without convoking a family meeting to advise as to her continuance as tutrix, ipso facto, ceases to be tutrix, and thenceforth she is without power to bind the minor by any acknowledgment, express or implied. 2D An. 802 ; 31 An. 380. 2. Prescription is not interrupted on a claim against a succession by any process served upon one who has ceased to be tutrix, from having contracted a second marriage without having convoked a family meeting to retain her in the tut…
1Opinion
On Rehearing.
Fenner, J.
A careful review of the facts and law of this case convinces us that the judgment rendered in suit No. 1198 is binding as res judicata upon all the parties plaintiff herein, so far as the consideration upon which the judgment rests is concerned, and that there exists no lawful ground for annulling said judgment or sale made in pursuance thereof.
The arguments on the original hearing were addressed so prominently to the questions considered and decided by us in our original opinion, that our attention was diverted from this feature of the case.
We do not mean to contradict…
2Cases cited3 opinions
- Plicque & Lebeau v. PerretSupreme Court of Louisiana · 1841
- Patterson v. BonnerSupreme Court of Louisiana · 1839
- Dwight v. SmithSupreme Court of Louisiana · 1844