Delpit v. Canal Bank & Trust Co.
Supreme Court of Louisiana
Appeal from Twenty-Fifth Judicial District Court, Parish of Tangipahoa; W. S. Rownd, Judge. Ernest Delpit and others caused the succession of Victoria White Mingo to be opened, and obtained a judgment that they be put in possession as the heirs at law, and ruled the German American Branch of the Canal Louisiana Bank & Trust Company to show cause why it should not pay over an amount on deposit, and decedent’s surviving husband, Smiley Mingo, intervened.
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Appeal from Twenty-Fifth Judicial District Court, Parish of Tangipahoa; W. S. Rownd, Judge. Ernest Delpit and others caused the succession of Victoria White Mingo to be opened, and obtained a judgment that they be put in possession as the heirs at law, and ruled the German American Branch of the Canal Louisiana Bank & Trust Company to show cause why it should not pay over an amount on deposit, and decedent’s surviving husband, Smiley Mingo, intervened. Judgment for intervener, and the heirs appeal.
1Opinion
On Rehearing.
O’NIELL, J.
[3] The rehearing granted in this case was restricted to the question whether this court has jurisdiction. The douBt arose from the fact that the amount of money involved in the original proceeding by rule on the bank was only $736.50.
Our conclusion is that we have jurisdiction of the appeal from the judgment decreeing the plaintiffs in the rule to be illegitimate and annulling, for that reason, the ex parte judgment by which they had been recognized to be the heirs of their deceased sister and sent into possession- of her estate. The question of legitimacy of the…
2Cases cited1 opinion
- Thompson v. McCauslandSupreme Court of Louisiana · 1915