Gaston v. Rainach
Supreme Court of Louisiana
Appeal from' Third Judicial District Court, Parish of Claiborne; William C. Barnette, Judge. Suit by J. E. Gaston, as tutor, against A. M. Rainach, to annul a sale made by the minor. Exception of no cause of action and of want of authority of plaintiff tutor were sustained, and plaintiff appeals.
1Opinion of the CourtProvostx, J.
In- this suit a sale made by an emancipated minor is sought to be annulled on the ground that the judgment emancipating him was null, for the reason that it was procured fraudulently, and was rendered without the assent of a special tutor.
Exceptions of no cause of action and of want of authority of the plaintiff tutor to stand in judgment were sustained, the first, founded on the contention that the judgment of emancipation cannot be treated as an absolute nullity, and the second on the ground that no order appointing plaintiff as tutor has ever been made, and that, if such an order has been…
2Cited by2 opinions
- In Re Webster's TutorshipSupreme Court of Louisiana · 1937
- Martin v. CarrollLouisiana Court of Appeal · 1952