Lillard v. Kemp
Supreme Court of Louisiana
Appeal from the Court of Probates of Concordia, M‘Whorter, J. Anterior to the promulgation of the Code of Practice, an under-tutor might institute an action for the removal of a tutorv without authority from the probate judge. The Code of Practice has not taken away this power, but only authorised the judge to compel the under-tutor to bring suit.
Read the full summary
Appeal from the Court of Probates of Concordia, M‘Whorter, J. Anterior to the promulgation of the Code of Practice, an under-tutor might institute an action for the removal of a tutorv without authority from the probate judge. The Code of Practice has not taken away this power, but only authorised the judge to compel the under-tutor to bring suit. Code of Practice, art. 1016. Article 301 of the Civil Code makes it “ the duty of the under-tutor to act for the minor, whenever the interest of the minor is in opposition to the interest of the tutor.” It would be hard to make the under-tutor…
1Opinion of the CourtMorpiiy, J.
The petitioner appeals from a judgment dismissing a suit he had brought for the removal of the defendant from the tutorship of her minor children, on the ground that she has shown neglect and incapacity in her administration, and that she has left the state with her said minors. The exception taken below and sustained, is, that the plaintiff is without authority to institute this suit, unless authorised or directed by the probate judge to prosecute it. We think that the inferior court did not err.. The Code of Practice makes it the duty of every person to acquaint the judge of probates with…
2Cases cited1 opinion
- Bird's Heirs v. BlackSupreme Court of Louisiana · 1836
3Cited by5 opinions
- McMerty v. MorrisonSupreme Court of Missouri · 1876
- Lackey v. MacmurdoSupreme Court of Louisiana · 1854
- Levistones v. MarignySupreme Court of Louisiana · 1858
- State ex rel. Conery v. St. PaulSupreme Court of Louisiana · 1903
- Huerstel v. PingelLouisiana Court of Appeal · 1931