Succession of Calloway
Supreme Court of Louisiana
APPEAL from the Oivil District Court for the Parish of Orleans. Théard and Ellis, J. J. These appeals, from different divisions of the Oivil District Court of the parish of Orleans, were submitted upon the same oral argument and the same briefs filed, and considered consolidated in the Supreme Court for determination. David C. McOan died in the city of New Orleans in 1898, leaving a last will and testament.
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APPEAL from the Oivil District Court for the Parish of Orleans. Théard and Ellis, J. J. These appeals, from different divisions of the Oivil District Court of the parish of Orleans, were submitted upon the same oral argument and the same briefs filed, and considered consolidated in the Supreme Court for determination. David C. McOan died in the city of New Orleans in 1898, leaving a last will and testament. This will was probated, and Harry H. Hall qualified thereunder as testamentary executor. A little less than one year later, his widow, Mrs. Hester Callo-way McOan, died, leaving a last…
1Opinion of the Court
ON Motion to Dismiss.
The opinion of the court was delivered by
Blanchard, J.
The executor, appellee, moves to dismiss on various grounds, which will be considered seriatim.
I
The first ground is that the appeals were made returnable on the first Monday of March, 1897, whereas the legal return day was the first Monday of February, 1897, unless the intervening time was not sufficient within which to prepare the transcripts.
The order of the court granting the appeals directs that they be made returnable on the first Monday in March “ in order to give time to complete transcript.”
Under Sec. 4 of Act…
2Cases cited1 opinion
- M'Cready v. FreedlySupreme Court of Pennsylvania · 1832
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