Legal Opinion

Succession of Glover

Supreme Court of Louisiana

Decided January 15, 1847PublishedCited by 1 opinion

APPEAL from the Court of Probates of New Orleans, Bermudez, J. The executor of Rebecca Glover appealed from a judgment condemning him to amend an account filed by him, so as to credit the succession with $1168 10, the amount of a debt, on the ground that he had not shown due diligence to collect it. The judgment was rendered on an oppostion to an account filed at the instance of the opposing creditor, Dudley.

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APPEAL from the Court of Probates of New Orleans, Bermudez, J. The executor of Rebecca Glover appealed from a judgment condemning him to amend an account filed by him, so as to credit the succession with $1168 10, the amount of a debt, on the ground that he had not shown due diligence to collect it. The judgment was rendered on an oppostion to an account filed at the instance of the opposing creditor, Dudley. The exception taken in this case to the form of proceedings confounds claims for damages founded on torts, with claims for indemnity founded on matters of administration. The rule in the…

1Opinion of the Court

The judgment of the court was pronounced by

Kute, J.

On a rule taken by T.B. Dudley, as judgment creditor of Glover's succession, the executor of the deceased was ordered by the Probate Court to file a final account of his administration, aud to state particularly all the steps taken for the collection of certain bills, which figured on the inventory and which were past due.

In obedience to this order, the executor filed an account, showing the application of the funds which had been received up to that dato. It was accompanied by a statement that a judgment had been obtained against James…

2Cases cited5 opinions

  1. Longbottom's Executors v. BabcockSupreme Court of Louisiana · 1836
  2. Baudin v. Pollock's CuratorSupreme Court of Louisiana · 1831
  3. Flint v. WellsSupreme Court of Louisiana · 1832
  4. Ingram's Heirs v. StokesSupreme Court of Louisiana · 1836
  5. Succession of BoudousquieSupreme Court of Louisiana · 1845

3Cited by1 opinion

  1. Chicago, Milwaukee & St. Paul Railway Co v. Keokuk Northern Line Packet Co.Illinois Supreme Court · 1883

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