Twomey v. Papalia
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Fred. D. King, Judge. ' Executory proceedings by Frank B. Twomey against Pasquale Papalia, in which, after the death of the defendant, plaintiff obtained the appointment of a special tutor ad hoc of the minor children, and served notice of the executory proceedings upon Mm, and in which the widow filed a petition praying for a writ of injunction.
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Appeal from Civil District Court, Parish of Orleans; Fred. D. King, Judge. ' Executory proceedings by Frank B. Twomey against Pasquale Papalia, in which, after the death of the defendant, plaintiff obtained the appointment of a special tutor ad hoc of the minor children, and served notice of the executory proceedings upon Mm, and in which the widow filed a petition praying for a writ of injunction. From a judgment dissolving the writ of injunction, the widow, plaintiff in the injunction suit, appeals.
1Opinion of the Court
On Motion to Dismiss Appeal.
O’NIELL, J.
Pasquale Papalia died during the pendency of these executory proceedings against Mm. His widow in community was served with the notice to pay, and she enjoined the sale of the property on several grounds. On a rule obtained by the plaintiff in the executory proceedings, the writ of injunction was dissolved, and the widow has appealed from the judgment dissolving the injunction.
[1] .The plaintiff, appellee, has moved to dismiss the appeal on three grounds. The first is that the widow in community has no interest in the community property as the succession…
2Cases cited5 opinions
- Baker v. FrellsenSupreme Court of Louisiana · 1880
- Brown v. StaplesSupreme Court of Louisiana · 1915
- J. B. Levert Co. v. John T. Moore Planting Co.Supreme Court of Louisiana · 1913
- State ex rel. Duffel v. MarksSupreme Court of Louisiana · 1878
- Dardenne v. SchwingSupreme Court of Louisiana · 1903
3Cited by8 opinions
- Borden v. Louisiana State Board of EducationSupreme Court of Louisiana · 1929
- Nalty v. NaltySupreme Court of Louisiana · 1953
- Cochran v. Louisiana State Board of EducationSupreme Court of Louisiana · 1929
- Gottlieb v. Avery Realty Co.Supreme Court of Louisiana · 1934
- Ponder v. PechonSupreme Court of Louisiana · 1973
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