Gerald v. Gerald
Supreme Court of Louisiana
APPEAL from the District Court of East Feliciana, Stirling, J. contended: The first point is, as to the service made upon the tutor. It is contended, that service should have been made upon him previous to the meeting of the family. The authority recited to sustain this point is 1 N. S. 551. We also call attention to the same authority as having no sort of bearing upon the case at the bar.
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APPEAL from the District Court of East Feliciana, Stirling, J. contended: The first point is, as to the service made upon the tutor. It is contended, that service should have been made upon him previous to the meeting of the family. The authority recited to sustain this point is 1 N. S. 551. We also call attention to the same authority as having no sort of bearing upon the case at the bar. We contend, however, that his presence at the time of the homologation of the proceedings, and acquiescence therein, cured the error, if it was one, and bars him from raising the point now. If such a mode…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
The plaintiff, who is a minor over eighteen years of age, applied to the district court to be emancipated, under the act of 1847, providing for the emancipation of minors. The clerk of the district court made the order for the family meeting required in such cases, and appointed an under-tutor ad hoc, to attend said meeting, on the suggestion of the plaintiff that his under-tutor had left the State. The family meeting advised the emancipation, and its proceedings were homologated. The plaintiff then presented another petition, *245praying that…
2Cited by4 opinions
- Guarantee Trust & Safe Deposit Co. v. E. C. Drew Investment Co.Supreme Court of Louisiana · 1901
- Heirs of Ford v. MillsSupreme Court of Louisiana · 1894
- Heirs of Self v. TaylorSupreme Court of Louisiana · 1881
- Smith v. GrangerLouisiana Court of Appeal · 1916