On Rule of O. H. P. Sample v. Scarborough
Supreme Court of Louisiana
A PPEAL from the Tenth District Court; Parish of De Boto. I\ Hall, J. _ 1. The only tost to the effect of a decree as res judicata is its iinality as to tliomattors embraced m it, and its having the requisites prescribed by Art. 2263 C\ 0.; I An. 92; 19 J ax. 818; 3 An. 202; 8 An.126; 32 An. 365; 89 An. 5S8; 12 An. 197: 8-1 An 805; O. P. 606: 5 X. S 664; 6 An. 799; 94 X. H. 351, 423; 99 V. H. 261. 2. .Minors are in law, equity and good conscience bound to restore funds, the…
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A PPEAL from the Tenth District Court; Parish of De Boto. I\ Hall, J. _ 1. The only tost to the effect of a decree as res judicata is its iinality as to tliomattors embraced m it, and its having the requisites prescribed by Art. 2263 C\ 0.; I An. 92; 19 J ax. 818; 3 An. 202; 8 An.126; 32 An. 365; 89 An. 5S8; 12 An. 197: 8-1 An 805; O. P. 606: 5 X. S 664; 6 An. 799; 94 X. H. 351, 423; 99 V. H. 261. 2. .Minors are in law, equity and good conscience bound to restore funds, the expenditure of which inured to their benelit and the benefit of (heir property. C. 337. 346; 21 An. 374; 32 An. 958; 34…
1Opinion of the Court
*289The opinion of the court was delivered by
McEnery, J.
This case was before this court in March, 1891, and the pleadings are stated in the opinion in 48 An. 316.
This suit was remanded for further proceedings to ascertain whether the succession was under administration when the debt upon which the plaintiff in rule proceeded to enforce its payment was created.
The law applicable to the administration of successions by tutors in the interest of both creditors and minors was fully discussed in the opinion remanding the case.
It is not necessary to refer to this question, which is referred to in the…
2Cited by9 opinions
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