Succession of Jacobs
Supreme Court of Louisiana
Appeal from the Court of Probates of Jefferson, Dugué, J. The administrator of the succession of Frederick Jacobs deceased, is appellant from a judgment rendered on a rule taken by one John A. Zender on him, to show cause why he should not pay out of the funds of the succession, a claim for a commission of five per cent on the value of certain property alleged to have been recovered by Zender, as agent for the deceased.
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Appeal from the Court of Probates of Jefferson, Dugué, J. The administrator of the succession of Frederick Jacobs deceased, is appellant from a judgment rendered on a rule taken by one John A. Zender on him, to show cause why he should not pay out of the funds of the succession, a claim for a commission of five per cent on the value of certain property alleged to have been recovered by Zender, as agent for the deceased. There was a judgment allowing a part of the claim. contended that the appeal must be dismissed, having been taken after the expiration of a year from the date of the judgment,…
1Opinion of the CourtMartin, J.
The dismissal of this appeal is asked on the ground, that it was taken after the expiration of one year, from the rendition of the judgment. Art. 593 of the Code of Practice. The judgment was rendered on the 8th of April, 1842, and signed on the 14th; a petition of appeal was filed on the 26th. The Judge refused to allow the appeal; and application to us became necessary, and a mandamus was obtained, obedience to which was delayed on account of the indisposition of the Judge.
As the application for an appeal was made before the expiration of the period fixed by law, and the delay resulted from…
2Cases cited1 opinion
- Anderson's Administrator v. Birdsall's AdministratrixSupreme Court of Louisiana · 1841
3Cited by7 opinions
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- Succession of OttSupreme Court of Louisiana · 1935
- Graves v. Kaiser Aluminum and Chemical Corp.Supreme Court of Louisiana · 1975
- State ex rel. Johnson v. JohnsonLouisiana Court of Appeal · 1974
- Succession of RabbLouisiana Court of Appeal · 1940
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