King v. Atkins
Supreme Court of Louisiana
APPEAL from the Fifth Judicial District Court, parish of Ouachita. Stubbs, special judge. The homologation of a tableau of distribution does not bar a second administration of the succession, where the funds represented by the tableau to be in possession of the administrator have never been distributed, and tbe second administration is provoked for the purpose of bringing into the succession property held by third persons under simulated titles; aud in such proceeding the…
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APPEAL from the Fifth Judicial District Court, parish of Ouachita. Stubbs, special judge. The homologation of a tableau of distribution does not bar a second administration of the succession, where the funds represented by the tableau to be in possession of the administrator have never been distributed, and tbe second administration is provoked for the purpose of bringing into the succession property held by third persons under simulated titles; aud in such proceeding the administrator is the proper party to represent the succession. The plea of res judicata will not avail one not a party to…
1Opinion of the Court
*1060The opinion of the Court was delivered by
Fenner, J.
The motion to dismiss on the grounds that there is no judgment as to Mrs. Gayle, one of the co-defendants and a necessary party, and no appeal as to her, has no merit.
Both the defendants were cited. The case was put at issue as to both — by default as to Mrs. Gayle, and by answer as to W. T. Atkins. Upon these issues the case was tried. Had judgment been in favor of plaintiff, the judgment by default against Mrs. Gayle would have been confirmed and judgment would have gone against both defendants. As the decision rejected plaintiff’s demand,…
2Cited by31 opinions
- Wolfe v. Shreveport Gas, Electric Light & Power Co.Supreme Court of Louisiana · 1916
- Bates v. BlitzSupreme Court of Louisiana · 1944
- Succession of YeatesSupreme Court of Louisiana · 1948
- Smith v. SmithSupreme Court of Louisiana · 1960
- Lafayette Airport Commission v. RoyLouisiana Court of Appeal · 1972
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