Mitchell v. Cooley
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. contended, that the plaintiff was not authorized to act as tutor, not having been sworn as required by law. Civ. Code, art. 328. Code of Pract. art. 949.
1Opinion of the CourtMorphy, J.
The appeal is from a judgment of nonsuit rendered upon an exception taken to the plaintiff’s right and authority to sue as the natural tutor of his children, on the ground, that he was not qualified to act in that capacity, never having taken the oath required by law. It is urged in behalf o’f the appellant, that it is not necessary for the natural tutor to take any oath before he enters upon the discharge of his official duties, and articles 265 and 268 of the Civil Code, are relied on in support of this position. They provide, that the tutorship by nature takes place of right, on the…
2Cases cited2 opinions
- Mayes v. SmithSupreme Court of Louisiana · 1845
- Verret v. AubertSupreme Court of Louisiana · 1834