Interdiction of Dumas
Supreme Court of Louisiana
APPEAL from the Second District Court, parish of Orleans. Tissott J. Dumas has always had his domicile in the City of New Orleans, where he was born and married, though his residence has been temporarily in Prance. It is only the political, not the civil domicile, which is forfeited by an absence of two years. Dumas never acquired a domicile in Prance. Even if he had forfeited his domicile here, still the suit must be brought befe re the Court of his last domicile.
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APPEAL from the Second District Court, parish of Orleans. Tissott J. Dumas has always had his domicile in the City of New Orleans, where he was born and married, though his residence has been temporarily in Prance. It is only the political, not the civil domicile, which is forfeited by an absence of two years. Dumas never acquired a domicile in Prance. Even if he had forfeited his domicile here, still the suit must be brought befe re the Court of his last domicile. Dvery interdiction must be pronounced by the judge of the domicile of the person to be interdicted. O. 0. 392 ; Nap. 0. 492 ; O.…
1Opinion of the Court
The opinion of the Court on the Merits and on Eeliearing was delivered by
Berjmudez, C. J.
The correctness of the j udgment rendered by the Court a qua, interdicting Joseph Dumas, is questioned in this Court* and its reversal, with a dismissal of the suit, is urged on the following grounds;
1st. That the Second District Court had no jurisdiction of the domicile, or person of the defendant;
*681, 2d. That if it had, Dumas was not legally cited to appear before that tribunal.
The suit was brought by four of the children of Dumas, under proper averments of mental debility and complete inability on his…
2Cases cited1 opinion
- Purves v. LexSupreme Court of Pennsylvania · 1887
3Cited by4 opinions
- Vance v. EllerbeSupreme Court of Louisiana · 1922
- In re the Interdiction of CampbellLouisiana Court of Appeal · 2002
- Interdiction of LepineSupreme Court of Louisiana · 1926
- Interdiction of TocaSupreme Court of Louisiana · 1950