Legal Opinion

Cane v. Cawthon

Supreme Court of Louisiana

Decided October 15, 1880No. 6PublishedCited by 2 opinions

APPEAL from the First Judicial District Court, parish of Caddo. Taijlor, J. First — The presence of the under tutor is indispensable at a family meeting, and a family meeting held without his presence and advice is illegal and void. R. C. C. 276; 6 N. S. 454 Commaux vs. Baibin, 10 La. top pg. 574; Stafford ux vs. Villair ei al. 941; Tutorship of Bates.

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APPEAL from the First Judicial District Court, parish of Caddo. Taijlor, J. First — The presence of the under tutor is indispensable at a family meeting, and a family meeting held without his presence and advice is illegal and void. R. C. C. 276; 6 N. S. 454 Commaux vs. Baibin, 10 La. top pg. 574; Stafford ux vs. Villair ei al. 941; Tutorship of Bates. Second — Minors are never estopped, and may go behind the proeeed- • ings of a family meeting, and judgment homologating the same, and show fraud and irregularities in the proceedings. 16 An. 98 ; Zuntz vs. Mrs. Courcelle et al. 1 H. D. pg.…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

An order for the seizure and sale of certain real estate, represented as mortgaged to secure the payment of a loan of money ($4400), having been rendered, and steps having been taken for the enforcement of that decree, the plaintiffs have applied for and obtained an injunction, for the purpose of having it judicially declared that neither the debt, nor the mortgage claimed, have any existence. The injunction thus granted having been dissolved, the plaintiffs have taken an appeal, and ask that the judgment of the lower court be reversed,…

2Cases cited1 opinion

  1. Lathrop v. HoytNew York Supreme Court · 1849

3Cited by2 opinions

  1. Gumpert v. SignalLouisiana Court of Appeal · 1933
  2. Spence & Goldstein v. ClaySupreme Court of Louisiana · 1930

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