Zander v. Pile
Supreme Court of Louisiana
APTEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action on a curator’s bond, in the District Court of the state. The widow of the late John Pile, who died in New-Orleans, obtained the curatorship of his estate, and gave bond in the penal sum of three thousand seven hundred and fifty dollars, with Thomas Copping as surety. The bond was taken and filed in the Court of Probates.
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APTEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action on a curator’s bond, in the District Court of the state. The widow of the late John Pile, who died in New-Orleans, obtained the curatorship of his estate, and gave bond in the penal sum of three thousand seven hundred and fifty dollars, with Thomas Copping as surety. The bond was taken and filed in the Court of Probates. The plaintiff alleges, that the curatrix rendered her account to tbe Court of Probates without placing him thereon, either as an ordinary or privileged creditor. That on his opposition, tbe account…
1Opinion of the CourtMartin, J.
This is an action against the principal and surety in a curator’s bond. The defendants pleaded to the jurisdiction of the District Court. The plea was sustained, and the plaintiff appealed.
We agree with the learned judge of the First District Court, *213that it might be better, that the bonds taken by the Court of Probates from curators, should be acted upon by scire facias in that court, exclusively; being considered as recognizances, or conditional judgments. But a bond is the evidence of a contract, on which a civil action may be instituted, and we know of no law which authorises a court of…
2Cited by1 opinion
- Ford v. KittredgeSupreme Court of Louisiana · 1876