Interdiction of Bothick
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. A married woman can not stand in judgment without the authority of her husband or in the event of her husband’s inability to authorize her, without being authorized by the court.
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A PPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. A married woman can not stand in judgment without the authority of her husband or in the event of her husband’s inability to authorize her, without being authorized by the court. In such a case the court will proceed -to render its decree without considering the answer or intervention filed in court by the wife of the person sought to be interdicted, or if it be necessary that the wife be made a party to the suit, the Supreme Court will remand the case to the lower court to be proceeded with as required by law.…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, O. J.
The children of Thos. W-. Bothick, an interdicted person, appeal from a judgment appointing his wife (theiistepmother) as his curatrix.
They complain that the District Judge had no power to make the appointment in the absence of a family meeting. In support, they contend that the curatorship of interdicted persons is dative, unless in the case of the wife, when the husband is, of course, of right, the curator of the wife, the curatorship then being legal.
The article of our Code which is invoked as justifying the appointment by the judge…
2Cited by4 opinions
- State v. GoodsonSupreme Court of Louisiana · 1906
- Sallier v. St. Louis, W. & G. Ry. Co.Supreme Court of Louisiana · 1905
- Smith v. BurtDistrict Court, W.D. Louisiana · 1930
- Succession of CarbajalSupreme Court of Louisiana · 1903