Lemann v. Truxillo
Supreme Court of Louisiana
^PPEAL from the Sixth District Court, parish of Orleans. Bightor, Henry Denis, for plaintiff and appellee, contended : First — That the judge did determine the amount of the bond as required by law, when he signed the order with the bond under his eyes, and his attention being called specially to the amount.
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^PPEAL from the Sixth District Court, parish of Orleans. Bightor, Henry Denis, for plaintiff and appellee, contended : First — That the judge did determine the amount of the bond as required by law, when he signed the order with the bond under his eyes, and his attention being called specially to the amount. And plaintiff contends that the judge had, at all events, the power to issue the order nunc pro tunc, the test of which is, whether the error to be rectified is that of the parties or of the court. 7 A. 283 ; 1 Rob. 165 ; 3 A. 260 ; 6 A. 701, 707 ; 10 A. 730; 12 A. 349, 596 ; 25 A. 115 :…
1Opinion of the Court
The opinion of the court on the original hearing was delivered by Marr, J., and on the rehearing by Spencer, J.
Marr, J.
Elorentin A. Truxillo died, at his domicile, in the parish of Assumption, on the 15th October, 1877, leaving a widow and one *68child, a minor. The widow caused an inventory to be taken, the property consisting entirely of movables, such as household furniture, stock, implements and utensils, and the crop of cane then growing on the plantation which the deceased had occupied and cultivated as lessee.. She also qualified as natural tutrix of the minor; and she caused the crop to…
2Cases cited2 opinions
- Dorr v. KershawSupreme Court of Louisiana · 1841
- Beal v. AlexanderSupreme Court of Louisiana · 1842
3Cited by1 opinion
- Pugh v. FlannerySupreme Court of Louisiana · 1922