Legal Opinion

Watts v. Frazer

Supreme Court of Louisiana

Decided April 15, 1833PublishedCited by 1 opinion

Eastern Dis. APPEAL PROM THE COURT OP PROBATES OP THE PARISH OF ASCENSION. This suit was commenced by injunction. The plaintiffs denied the jurisdiction of the Court of Probates, which had rendered a judgment against them. They also alleged discovery, since the trial, of evidence of payment of the obligation on which the judgment had been pronounced; and prayed for a perpetual injunction on all further proceedings upon it.

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Eastern Dis. APPEAL PROM THE COURT OP PROBATES OP THE PARISH OF ASCENSION. This suit was commenced by injunction. The plaintiffs denied the jurisdiction of the Court of Probates, which had rendered a judgment against them. They also alleged discovery, since the trial, of evidence of payment of the obligation on which the judgment had been pronounced; and prayed for a perpetual injunction on all further proceedings upon it. The defendant pleaded a general denial, and moved to dissolve the injunction with costs and damages. The motion was granted, and judgment rendered in his favor. The…

1Opinion of the Court

The facts of the case are fully stated in the opinion of the court, Mathews, J. absent, delivered by

Mautin, J.

The defendants and appellants complain that the first-judge erred in refusing to pronounce the nullity of a judgment which the present plaintiff had obtained against them, which was claimed on the ground that the court was without *385jurisdiction, and on that of newly discovered evidence of the payment of the claim.

On the first point, the court held that a Court of Probates has iurisdiction of a claim against a succession administered by the tutrix of a person, and consequently…

2Cases cited1 opinion

  1. Roman v. Roman's MinorsSupreme Court of Louisiana · 1832

3Cited by1 opinion

  1. Succession of JonesLouisiana Court of Appeal · 1966

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