Congregation of St. Mary of Mount Carmel Church v. Farrelly
Supreme Court of Louisiana
APPEAL from Hie Fifteenth Judicial District Court, Parish of West Feliciana. Yoist, J. Amendments not changing tho issue will he allowed at any stage of the cause, prior to j udg- . ment. 27 A. 316, 713; 28 A. 627; 32 A- 395. An executor who fails to render an account once in twelve months shall be dismissed from office, and pay ten por cent, per annum from the date of the expiration of the twelve months.
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APPEAL from Hie Fifteenth Judicial District Court, Parish of West Feliciana. Yoist, J. Amendments not changing tho issue will he allowed at any stage of the cause, prior to j udg- . ment. 27 A. 316, 713; 28 A. 627; 32 A- 395. An executor who fails to render an account once in twelve months shall be dismissed from office, and pay ten por cent, per annum from the date of the expiration of the twelve months. R. S. 1465 • 9 A. 376; 13 A. 585 ; 33 A. 1021. All executors, etc., shall deposit all moneys in one of the chartered hanks of this State, or one of their branches, allowing interest on…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Tho object of this suit is to destitute the executors and to enforce the penalties provided by R. S., Sections 1465 and 1463, on the grounds:
1. That they have failed to file accounts once in every twelve months.
2. That they have not deposited moneys in bank, and have paid debts without order of Court.
*534The petition was originally filed in the- name of the congregation, as if it were a corporation. Exception was filed that, not being incorporated, the congregation could not sue in that form. The exception was undoubtedly good. Workingmen’s Bk.…
2Cases cited1 opinion
- Lear v. BuddSupreme Court of New Jersey · 1894