Soey's Heirs v. Soey's Curator
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITT OF NEW-ORLEANS. The defendant, J. W. Collins, curator of the estate of John Soey, deceased, filed his account and tableau of distribution in the Court of Probates. The plaintiff, John M‘Mullin, tutor of the minors Soey, made opposition to the account on several grounds, and required the curator to file his vouchers, and prove every item in it not admitted.
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APPEAL FROM THE COURT OF PROBATES, FOR THE PARISH AND CITT OF NEW-ORLEANS. The defendant, J. W. Collins, curator of the estate of John Soey, deceased, filed his account and tableau of distribution in the Court of Probates. The plaintiff, John M‘Mullin, tutor of the minors Soey, made opposition to the account on several grounds, and required the curator to file his vouchers, and prove every item in it not admitted. The cause was fixed for trial, and the defendant notified thereof. On the day fixed he came into court, and stated, that his only and material witness was sick, and that his sole…
1Opinion of the CourtEustis, J.
The plaintiff, tutor of the minors Soey, filed an opposition to the account rendered by the defendant in the Court of Probates, and on the trial of the opposition, no evidence having been offered by him in support of the charges made by him against the succession, the opposition was sustained, and judgment was rendered for the balance of funds in his hands. From this judgment, after an unsuccessful motion for a new trial, the defendant has appealed.
We have examined the grounds on which a new trial was asked. The judge, acting on the application, exercised his discretionary power, and, on…
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