Rhodes v. Union Bank
Supreme Court of Louisiana
Appeal from the District Court of East Feliciana, Johnson, J. contended, that this was an action to annul a judgment of the District Court, and that the District Court had jurisdiction; (C. P. 608-, 610 ;.) and that the proceedings- of the Probate Court were inquired into collaterally only, which the District Court had a right to do. 12 La. 394. 14 Ibid. 149. 17 Ibid. 249. 1 Robinson, 116. 1 La. 19. 3 Ibid. 517. The District Court was without jurisdiction. 1 La. 19. 14 La.…
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Appeal from the District Court of East Feliciana, Johnson, J. contended, that this was an action to annul a judgment of the District Court, and that the District Court had jurisdiction; (C. P. 608-, 610 ;.) and that the proceedings- of the Probate Court were inquired into collaterally only, which the District Court had a right to do. 12 La. 394. 14 Ibid. 149. 17 Ibid. 249. 1 Robinson, 116. 1 La. 19. 3 Ibid. 517. The District Court was without jurisdiction. 1 La. 19. 14 La. 146. The judgment of the Court of Probates is conclusive. 11 La. 149. 13 Ibid. 431.
1Opinion of the CourtSimon, J.
The plaintiffs represent, that they are the legal forced heirs of John Rhodes, deceased, and of his wife Sarah Rhodes, now surviving. That their father’s succession was *64opened in the parish of East Baton Rouge, and that there are other heirs of the deceased, two of whom are minors, and one of age, all residing in the said parish. They further state, that their father died possessed of certain property, (a tract of land and slaves,) which they describe. That in 1825, their mother, acting as their tutrix, applied by petition to the Court of Probates of the parish of East Feliciana, praying that…
2Cases cited2 opinions
- Michel's Heirs v. Michel's CuratorSupreme Court of Louisiana · 1837
- Le Blanc v. His CreditorsSupreme Court of Louisiana · 1840
3Cited by3 opinions
- Bank of California v. Union Packing Co.Washington Supreme Court · 1910
- Taft v. DonnesSupreme Court of Louisiana · 1901
- United Motor Car Co. v. DrummLouisiana Court of Appeal · 1925