Lobrano v. Nelligan
Supreme Court of the United States
In error to the Supreme Court of Louisiana; the case being thus: By the civil code of Louisiana the father is the administrator of the estate of his minor children, and does not, as in communities where the common law prevails, give personal security for the fidelity of his administration, but his immovable property is tacitly mortgaged in favor of the minor from the day of his appointment, as security, for his administration, and for the responsibility resulting from it.
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In error to the Supreme Court of Louisiana; the case being thus: By the civil code of Louisiana the father is the administrator of the estate of his minor children, and does not, as in communities where the common law prevails, give personal security for the fidelity of his administration, but his immovable property is tacitly mortgaged in favor of the minor from the day of his appointment, as security, for his administration, and for the responsibility resulting from it. In this condition of the general law on the subject, the legislature empowered James Robb, of New Orleans, to sell his…
1Opinion of the CourtJustice Davis
It is contended that the statute authorizing Robb to sell is invalid, because it impaired the obligation of a contract; but we think this a mistaken view of the subject. It is certain there was no contract to violate, which the parties themselves had any hand in making, and the inquiry arises whether the law has made one for them which has been impaired by this statute. It will not be questioned that the legislature possesses the power to determine by law the manner in which the estates of infants shall be preserved, and to say what kind of security shall be given by those who ai’e intrusted…
2Cited by3 opinions
- State v. BryanSupreme Court of Florida · 1905
- Town of Cheney's Grove v. VanscoyocIllinois Supreme Court · 1934
- In re Lee's TutorshipSupreme Court of Louisiana · 1920