Legal Opinion

Tutorship of Minor Heirs of Byland

Supreme Court of Louisiana

Decided October 15, 1886No. 185PublishedCited by 4 opinions

APPEAL from tlie First District Court, Parisli of Caddo. Taylor, J. 1. An administrator may urge any defen.se lie has, whether by general depial, confession and avoidance, or peremptory exception. 111. 533; 5 R. 123; 3 Ann. 223; 6 Ann 54. 2. The petition must contain a clear and concise statement of the object of the demand as well as the nature of his title or the cause of action on which it is founded.

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APPEAL from tlie First District Court, Parisli of Caddo. Taylor, J. 1. An administrator may urge any defen.se lie has, whether by general depial, confession and avoidance, or peremptory exception. 111. 533; 5 R. 123; 3 Ann. 223; 6 Ann 54. 2. The petition must contain a clear and concise statement of the object of the demand as well as the nature of his title or the cause of action on which it is founded. C. P., 172* Pickett vs. Vance, 14 Ann. 668. There must he a definite statement in substance and grounds of action, and the relief sought must be expressed with precision ; vague and…

1Opinion of the Court

*758The opinion of the Court was delivered by

Todd, J.

This appeal was from-a judgment sustaining an opposition to a tutor’s account.

There is a claim to dismiss the appeal suggested in the appellees.

First, on the ground that the opposition is made by creditors whose claim amounts to only $96.18 principal; and secondly, that the appeal is taken by the accountant Toombs as tutor, whereas the judgment against him, beyond the recognition of the debt of opponents, is against him personally, .and he has not appealed personally.

I

The first ground for dismissal is not good.

The amount of funds or property in…

2Cited by4 opinions

  1. Godchaux v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1921
  2. Succession of ReemsSupreme Court of Louisiana · 1913
  3. Brannin v. ClementsLouisiana Court of Appeal · 1932
  4. Succession of CarrollSupreme Court of Louisiana · 1935

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