Legal Opinion

Covas v. Bertoulin

Supreme Court of Louisiana

Decided May 15, 1892No. 10,979PublishedCited by 5 opinions

APPEAL from the Civil District Court for the Parish of Orleans* Ellis, J. 1. Minors unprovided with tutois may be represented in a partition suit by curators ad hoc or by special tutors. The difference is merely in the terms.

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APPEAL from the Civil District Court for the Parish of Orleans* Ellis, J. 1. Minors unprovided with tutois may be represented in a partition suit by curators ad hoc or by special tutors. The difference is merely in the terms. C. 1' 116,195 and 946; C C. 313; Code oí Practico oí 1S26-; 2» An. 55; 2S.An. 163. 2. a clerical error or omission in the name of a defendant in the judgment does not affect the val .¡ity of said judgment, which should he read hy the light of the pleadings. 42 An. 66 3. Difference between want of process and defective or irregular process. Jn the hitter case the judgment…

1Opinion of the Court

The opinion of the court was delivered by

Brsaux, J.

Ajulgmenb of partition was obtained and property was ordered to be sold to enable the owners to divide the proceed# in proportion to their respective interests.

The adjudieatees of the property sold under said judgment refuse-to consummate the sale.

The pending rule was filed to compel them to accept the title tendered.

The judgment of the District Court made the rule absolute.

The adjudieatees appeal from that judgment.

In their answer to the rale they present eight different grounds of defence.

The first has been abandoned by them; the second, as…

2Cases cited1 opinion

  1. Kendrick's Heirs v. KendrickSupreme Court of Louisiana · 1841

3Cited by5 opinions

  1. Haley v. WoodsSupreme Court of Louisiana · 1927
  2. Tell v. SenacSupreme Court of Louisiana · 1909
  3. Noyola v. Norske Lloyd Ins. Co.Supreme Court of Louisiana · 1927
  4. Roque v. HenryLouisiana Court of Appeal · 1939
  5. Sicard v. SicardLouisiana Court of Appeal · 1983

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