Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 62

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 62

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...by:1 wrong name. Judgment affirmed. Hams or Ouvza H. SPENCER 'v. EXECUTORS or JOHN McDoa0cn et al. A curator ad hoc, whose appointment is superseded before trial, has no capacity to take an appeal, and the subsequent filing oi' an appeal bond by the proper agents oi' the party in interest, without a petition and citation, or motion for an appeal, will not constitute a valid appeal. APPEAL from the Fiith District Court of New Orleans, Augustin, J. G. B. Duncan, for plaintiffs. Bonford and Livingston, for defendants and apPellants. Bccnsznm, J. It is needless to examine this motion as to the city of New Orleans, appellant, for although there are many supposable cases where the previous authorization, by resolution, of the City Council, would be required for the institution of a suit, yet when a suit is instituted against the city, and has been defended in the lower court by the City Attorney, whose quality is not disputed, it will be inferred that he has been authorized to carry the case by appeal to the Supreme Court, in ease of a judgment adverse to the city. But as to the city of Baltimore, the petition of appeal has been presented by one evidently without cap.-icit_v--a curator arl hoe appointed by the court in the first stages of the suit, whose appointment had been superseded before the trial of the cause. An attempt has been made to cure this defect by giving an appeal bond, under an order of the District Court, in the name of the agents of the city of Baltimore residing in New Orleans. But it is clear that the requirements of the law, for a valid appeal, have not been fulfilled. There are only two modes of appealing known to the law, to wit: by petition and citation, according to the Code of Practice; and by motion, ...show more

Product details

  • Paperback | 494 pages
  • 189 x 246 x 25mm | 875g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236920252
  • 9781236920256