Legal Opinion

Dolhonde v. Lemoine

Supreme Court of Louisiana

Decided March 15, 1880No. 6326PublishedCited by 2 opinions

^PPEAL from the Eifth District Court, parish of Orleans. Cullom, Eirst — Unless a century has elapsed since the birth of an absentee, his death will not be presumed. 2 M. 138 ; 9 M. 257 ; 5 N. S. 668. Second — We are told that the plaintiff is without interest.

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^PPEAL from the Eifth District Court, parish of Orleans. Cullom, Eirst — Unless a century has elapsed since the birth of an absentee, his death will not be presumed. 2 M. 138 ; 9 M. 257 ; 5 N. S. 668. Second — We are told that the plaintiff is without interest. Cui bono, then, (brief for rehearing, II.) the rendition of such a decree as is solicited by the plaintiff? Oomplaint is made that your Honors say that the property is to be administered by a curatrix until the year 1916, and is to remain as it were extra commercium, etc. These views were no doubt expressed hastily by the appellants,…

1Opinion of the Court

The opinion of the court was delivered by

Manning, C. J.

Delphine Delhonde alleges that her husband, Eugene Lemoine, is an absentee, of whom she has been appointed cufatrix, and in that capacity sues for one fifth, of certain real estate in this city, said to be worth fifty thousand dollars, and for over two thousand dollars of' its rents. Her petition, alleging that her husband had been an absentee since 1860, was filed in court in. May 1872, and she was appointed his curatrix in the following month.

A suit for the recovery of the same property included in this suit was instituted in February…

2Cited by2 opinions

  1. Slagle v. SlagleSupreme Court of Louisiana · 1944
  2. Succession of WilliamsSupreme Court of Louisiana · 1920

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