Caillouet v. Franklin
Supreme Court of Louisiana
APPEAL from the Fifteenth Judicial District Court, parish of La-fourche. Beattie, J. John S. Billiu, for plaintiffs and appellants, contended: The special obligation imposed by the acts of 1869 upon the clerk of the court was to furnish to the recorder the necessary abstracts from his office to maintain and perpetuate the mortgage in favor of the plaintiffs.
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APPEAL from the Fifteenth Judicial District Court, parish of La-fourche. Beattie, J. John S. Billiu, for plaintiffs and appellants, contended: The special obligation imposed by the acts of 1869 upon the clerk of the court was to furnish to the recorder the necessary abstracts from his office to maintain and perpetuate the mortgage in favor of the plaintiffs. His neglect to do so was a palpable breach of that obligation which was specially imposed on him by law, and gave rise to damages ex contractu. We can readily conceive that & neglect by an officer in the general discharge of his duties is…
1Opinion of the Court
The opinion of the court was delivered by
DeBlanc, J.
Marie Eveline Benoit died on the 31st of October 1858, and — nine days after her death — her succession was opened and her surviving husband confirmed as the natural tutor of the children born of their marriage. He — as such — rendered an account which was homologated in 1860, and — by the decree of homologation — the share inherited by each of his wards from their mother’s succession, was fixed at $628.33$.
From the day he was confirmed as their tutor, his children had, on his property, a legal mortgage, as security for his administration,…
2Cited by5 opinions
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- Lagrone v. Kansas City Southern Ry. Co.Supreme Court of Louisiana · 1925
- McCall v. United Bonding InsuranceLouisiana Court of Appeal · 1970
- Chadick v. HendersonLouisiana Court of Appeal · 1924