Succession of Harvey v. Harvey
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. 1. When one who was a tutor voluntarily files an account of his gestión and cites his former ward to show cause why it should not be approved and homologated, waives the four years’ prescription of Article 362, O. 0., and is estopped by his judicial admission and prayer from pleading prescription when defendant appears and opposes the account.
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APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. 1. When one who was a tutor voluntarily files an account of his gestión and cites his former ward to show cause why it should not be approved and homologated, waives the four years’ prescription of Article 362, O. 0., and is estopped by his judicial admission and prayer from pleading prescription when defendant appears and opposes the account. He can not summon defendant to court and then shut the door in his face. 2. Equality is the fundamental basis of a partition. The whole estate must be partitioned at one time,…
1Opinion of the Court
*82On Motion to Dismiss.
Watkins, J.
The grounds assigned are, (1) that the transcript is insufficient and incomplete, not containing many of the most important documents filed in and used by the lower court on the trial,, and which are essential to a trial of the case in this court on appeal; (2) that the transcript contains two different and antagonistic cases, which should have been brought up separately.
Since the filing of the motion to dismiss appeal, under a special - reserve by this court, counsel for appellant procured certiorari, and thereunder has brought up a supplemental transcript,…
2Cited by3 opinions
- Foster v. BreauxSupreme Court of Louisiana · 1972
- Chambers v. HenryLouisiana Court of Appeal · 1932
- Foster v. BreauxSupreme Court of Louisiana · 1972