Legal Opinion

Burgier v. Burgier

Supreme Court of Louisiana

Decided June 10, 1920No. 24083Published

Suit by Sophie M. Burgier, now wife of Alexander M. Phin,' against the Succession of Alexandriene Burgier and others. Judgment for defendants, and a further judgment in favor of defendant Mrs. Oscar R. Burgier against the petitioner on a reconventional demand.

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Suit by Sophie M. Burgier, now wife of Alexander M. Phin,' against the Succession of Alexandriene Burgier and others. Judgment for defendants, and a further judgment in favor of defendant Mrs. Oscar R. Burgier against the petitioner on a reconventional demand. Plaintiff sought and obtained both an order for a suspensive appeal and a devolutive appeal, and moved to reduce the amount of the suspensive appeal bond, which motion was denied, and plaintiff has applied for mandamus to compel the judge to fix a smaller sum.

1Opinion of the CourtSommeryille, J.

Plaintiff sued defendants for a partition of some 1,500 lots or Squares of unimproved real estate in the town of Slidell, parish of St. Tammany, alleged to have been owned by him and the defendants in indivisión, and h'e asked that the same be ordered sold, as they could not be conveniently divided in kind.

Defendants answered that the property could be divided in kind, and asked for judgment decreeing plaintiff to be the owner of an undivided five-twelfths, Mrs. Oscar R. Burgier. of an undivided five-twelfths, and Raymond Burgier of an undivided two-twelfths, and that, the property being…

2Cases cited4 opinions

  1. State ex rel. Durand v. Parish Judge of St. Martin ParishSupreme Court of Louisiana · 1878
  2. State ex rel. Beebe v. Judge of Second-District CourtSupreme Court of Louisiana · 1871
  3. State ex rel. Smith v. Judge of the Second District CourtSupreme Court of Louisiana · 1877
  4. State ex rel. Muller Bros. v. LazarusSupreme Court of Louisiana · 1884

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