Dwight v. Smith
Supreme Court of Louisiana
Appeal- from the Court of Probates of St. Mary, Dumartrait, J. urged: That all the rights and property of insolvent pass to his- creditors by the surrender, whether on the schedule or not. 2 Rob. 137. 11 La. 531. 12 La. 109. That the minors represented by the tutor are good witnesses for plaintiff, because called to testify against their interest. 3 Rob. 227. 2 Rob. 338. 3 Mart. 73-. 4 Mart. 471. 6 Mart. 256.
1Opinion of the CourtBullard, J.
This is an action against the tutor of certain minors, to recover an amount alleged to be due to the plaintiff’s insolvent, for board, lodging, tuition and money paid for them according to the account annexed to the petition. The defendant first answered by a general denial, and then answered that-*33Roberts, the insolvent, had no such claim as the one sued on, never placed it on his schedule when he made his surrender, and that consequently the plaintiff has no right to sue for it, nor for any debts not placed on said schedule. The plaintiff is appellant from a judgment of dismissal.
The…
2Cases cited3 opinions
- Muse v. YarbóroughSupreme Court of Louisiana · 1838
- Baldwin v. Union InsuranceSupreme Court of Louisiana · 1842
- Levy v. JacobsSupreme Court of Louisiana · 1838
3Cited by1 opinion
- Heroman v. Louisiana Institute of Deaf & DumbSupreme Court of Louisiana · 1882