Carter v. City of New Orleans
Supreme Court of Louisiana
APPEAL from the Third District Court for the parish of Orleans. Monroe, J. First-Judgments against a dead man are void. Edwards vs. Whited, 29 An. 647; Surgi vs. Colmer, 22 An. 23 ; Garard vs. Reed, 5 R. 508. Second — Judgment against a living man cannot he executed by fi. fa. after his death.
Read the full summary
APPEAL from the Third District Court for the parish of Orleans. Monroe, J. First-Judgments against a dead man are void. Edwards vs. Whited, 29 An. 647; Surgi vs. Colmer, 22 An. 23 ; Garard vs. Reed, 5 R. 508. Second — Judgment against a living man cannot he executed by fi. fa. after his death. Hall & Lisle vs. Bolden, 29 An. 118. Third — Either a judgment or assessment in a name other than that of the owners, is void and does not bind them, and cannot be executed against them. City vs. St. Romes, 28 An. 17 j City vs. Schmidt, 10 An. 771 ; Fischel vs. Mercier, 32 An. 705; Lague vs. Boagni, 32…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This is an action by plaintiffs, as heirs of N. R. Jennings, to annul certain judgments in favor.of the City of New Orleans for taxes upon property inherited by them from their deceased ancestor, and to enjoin execution of said judgments and for other cognate relief, not necessary to be mole particularly specified here.
The objections are that, after the death of N. R. Jennings, the assessments of the property for numerous years were variously made in the name of “N. R. Jennings,” of “Est. of N. R. Jennings” and of “Est. of Mrs. R. Jennings;”…
2Cited by7 opinions
- Lisso & Bro. v. Police JurySupreme Court of Louisiana · 1910
- Tulane University v. Board of AssessorsSupreme Court of Louisiana · 1905
- Miller v. BrooksSupreme Court of Georgia · 1904
- Succession of LevySupreme Court of Louisiana · 1905
- Culpepper v. SlaterLouisiana Court of Appeal · 1961
2 more not listed; retrieve them via the Exa API.