J. U. & H. M. Payne & Co. v. Dejean
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. First — An administrator cannot ask for and prosecute an appeal from a judgment sustaining opposition to a claim recognized by him by being placed on tableau and opposed. It is the exclusive right of the person whose claim is rejected to appeal.
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APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. First — An administrator cannot ask for and prosecute an appeal from a judgment sustaining opposition to a claim recognized by him by being placed on tableau and opposed. It is the exclusive right of the person whose claim is rejected to appeal. Even if he were not a party to the judicial contest resulting in sustaining the opposition to his claim, he can appeal by making- allegation of being aggrieved. Therefore, when the administrator, in Ms official • capacity, has moved or petitioned for an appeal, no…
1Opinion of the Court
Orr MotioN to Dismiss.
The opinion of the Court was delivered by .
Bermudez, C. J.
The plaintiffs and appellees move to dismiss the devolutive appeal taken by the defendant, in her official capacity, from a judgment amending an account of administration presented by her, by which she was charged with more than she accounted for, and was denied the entirety of a personal claim which she had set up against the estate.
The first part of the judgment increasing the assets directhj, was in favor of the succession, and one of which she, as administratrix, had no right to complain.
The second point of…
2Cases cited2 opinions
- Miller v. SchneiderSupreme Court of Pennsylvania · 1835
- State ex rel. Dugan v. Mayor of Jersey CitySupreme Court of New Jersey · 1888
3Cited by3 opinions
- Succession of ReemsSupreme Court of Louisiana · 1913
- In re Premier Cycle Manufacturing Co.Supreme Court of Connecticut · 1898
- Succession of RoqueSupreme Court of Louisiana · 1932