O'Donald v. Lobdell
Supreme Court of Louisiana
APPEAL FROM THE COURT OP PROBATES OF THE PARISH OF WEST FELICIANA. The plaintiff, as natural tutor of his infant child, claimed an inheritance in right of its deceased mother, which had descended to the latter as surviving heir of a deceased child by a former marriage.
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APPEAL FROM THE COURT OP PROBATES OF THE PARISH OF WEST FELICIANA. The plaintiff, as natural tutor of his infant child, claimed an inheritance in right of its deceased mother, which had descended to the latter as surviving heir of a deceased child by a former marriage. The claim was resisted on the following grounds : 1. That the deceased mother never accepted the succession of her deceased child. 2. That the succession of the mother was never accepted for the benefit of the present plaintiff: and, further, that the curator of the succession from which the inheritance is alleged to have…
1Opinion of the Court
Porter,
delivered the opinion of the court.
Previous to an examination of the judgment given in the inferior court, a motion made to dismiss the appeal must be disposed of.
This motion is grounded on the fact of the transcript not being filed on the day first fixed by the judges order. From some cause or other, the appellant found it inconvenient to do so, and obtained an order, assigning an other return day. Citations issued to the appellee on both. The 594th, 595th and'883d articles of the Code of Practice are relied on in support of the application.
We find it unnecessary to examine into, or…
2Cited by8 opinions
- Succession of McCanSupreme Court of Louisiana · 1895
- Brashear v. ConnerSupreme Court of Louisiana · 1877
- Succession of CocoSupreme Court of Louisiana · 1936
- Brown v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1950
- J. W. Burbbridge & Co. v. ChinnSupreme Court of Louisiana · 1882
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