Collins v. Briggs
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP THE EIGHTH DISTRICT, THE JUDGE OP THE THIRD PRESIDING. This suit was brought by a minor above the age of puberty ? assisted by a curator ad bona and one ad litem. It was a petitory action in which the plaintiff as sole heir of his deceased mother, claimed certain real property situated in the town of Madisonville, and of which the defendent was in possession.
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Eastern Dis. APPEAL PROM THE COURT OP THE EIGHTH DISTRICT, THE JUDGE OP THE THIRD PRESIDING. This suit was brought by a minor above the age of puberty ? assisted by a curator ad bona and one ad litem. It was a petitory action in which the plaintiff as sole heir of his deceased mother, claimed certain real property situated in the town of Madisonville, and of which the defendent was in possession. The defendant denied the principal allegations of the petition, and cited in warranty his vendors, who then called Canfield their vendor in warranty. The cause was tried upon the merits, and judgment…
1Opinion of the CourtPorter, J.
Appearance in court and contesting the cause on any other ground than the want of citation, cures all defects in the citation of appeal.
A motion is made to dismiss the appeal in this case, in consequence of the appellee not being legally cited. The objection would, as we have already intimated, be fatal, if the appellee had not appeared in this court, and contested the right of the appellant to obtain a certiorari to amend the record on matters independant of the want of citation. The rule has been long settled in this court, that appearance in court, and contesting the cause on any other…
2Cited by3 opinions
- Dunbar v. OwensSupreme Court of Louisiana · 1845
- Jennings-Heywood Oil Syndicate v. Houssiere-Latreille Oil Co.Supreme Court of Louisiana · 1907
- Succession of CarolloLouisiana Court of Appeal · 1920