State v. Judge of the Parish
Supreme Court of Louisiana
APPLICATION FOR A MANDAMUS. Joseph Abat, as the endorsee of a promissory note, filed his petition in the Parish Court, praying a judgment for seven hundred and twenty dollars with interest, and for the-sale of a certain tract of land mortgaged to secure the payment thereof.
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APPLICATION FOR A MANDAMUS. Joseph Abat, as the endorsee of a promissory note, filed his petition in the Parish Court, praying a judgment for seven hundred and twenty dollars with interest, and for the-sale of a certain tract of land mortgaged to secure the payment thereof. The note was signed by L. Even, by procuration of Mrs. Widow Larche; He stated that the drawer Jlas since died, leaving for her testamentary heirs, the wife ' ° . m of L. Even, for one half of the estate, and the minor children of Even and his wife for the other moiety. The heirs were in possession of the mortgaged…
1Opinion of the CourtBullard, J.
This is a rule to show cause why a mandamus should not issue commanding the judge of the parish of Orleans to appoint a tutor ad hoc to the minor children of Louis Even and Angela Everhart, his wife, in order to protect the rights of said minors in a suit pending in the Parish Court, in which they are co-defendants with their father and mother.
The judge shows for cause of refusal to make an appointment:
I. That the said Angela Everhart and Louis Even are both living and present in this city and parish.
II. That no tutor can be appointed to children whose father and mother are both living, and…
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