Succession of Ames
Supreme Court of Louisiana
APPEAL- from the Civil District. Court for the parish of Orleans. Tissot, J. On Motion to Dismiss. It is only where a judgment is rendered by which a succession can he aggrieved, that a succession representative can, in his official capacity, appeal from the same.
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APPEAL- from the Civil District. Court for the parish of Orleans. Tissot, J. On Motion to Dismiss. It is only where a judgment is rendered by which a succession can he aggrieved, that a succession representative can, in his official capacity, appeal from the same. Wliere the judgment disallows a claim placed on the tableau as due to the executor personally, he should appeal in his personal capacity and, failing to do so, tbe costs of appeal taken by him in his official capacity should not he paid by the succession. Creditors, whoso claims have been disallowed, cannot make themselves parties…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Bermudez, C. J.
A motion to dismiss the appeal taken by the executor of the deceased, is made by her forced heirs, on the ground : *1320“that the judgment appealed from is one in favor of the succession, which is benefited and not aggrieved thereby, and that said executor cannot be permitted to use his official capacity for his individual advantage when he only is the one aggrieved by the judgment.”
The executor claims that the judgment affects not only himself, but also three other parties, a creditor and two legatees, and insists that…
2Cited by13 opinions
- Succession of PizzatiSupreme Court of Louisiana · 1917
- Succession of ZatarainLouisiana Court of Appeal · 1962
- Succession of RembertSupreme Court of Louisiana · 1942
- Succession of PiersonLouisiana Court of Appeal · 1977
- Succession of ReemsSupreme Court of Louisiana · 1913
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