Succession of Watt
Succession of Watt, 36 So. 31 (La. 1903).
Cited by
- In re Tutorship of the Favrot Minors 290 So. 2d 747 La. Ct. App. 1st Cir. 1974
- Courvelle v. Eckart 49 So. 2d 658 La. Ct. App. 1st Cir. 1950
- Graziani v. Elder & Walters Equipment Co. 22 So. 2d 841 La. 1945
- Kelley v. Kelley 3 So. 2d 641 La. 1941
- State v. Rives 190 So. 374 La. 1939
- Succession of Tyler 188 So. 31 La. 1939
- Ledet v. Succession of Ledet 124 So. 150 La. 1929
- Succession of Damico 91 So. 286 La. 1922
- Brinkman v. Succession of Posey 79 So. 540 La. 1915
- Farr v. Emuy 46 So. 112 La. 1908
Authorities cited
Identified automatically; this list may not be exhaustive.
- State ex rel. Commagere v. Judge of the Second District Court 22 La. Ann. 116
- 37 La. Ann. 409 not in our corpus
- Successions of Keller 39 La. Ann. 579
- 49 La. Ann. 361 not in our corpus
- Weil v. Schwartz 51 La. Ann. 1547
Opinion text
On Motion to Dismiss Suspensive Appeal. MONROE, J. This case is before the court on a motion to dismiss the “suspensive appeal” from a judgment revoking an order appointing a tutor to certain minors, ánd making an appointment of a special tutor .in place of him whose appointment was 'thus, vacated. It is admitted, on behalf of the appellant that, “when an appeal is taken from a judgment appointing or removing a tutor, such appeal does not suspend the execution 6f the judgment,” but it is asserted that the appeal should be sustained as a devolutive appeal. < There "seems to be no difference of opinion between the counsel upon the question presented, and there is none between the counsel and the, court. The appeal taken should not be allowed to suspend the execution of the judgment. Code Prac. arts. 580, 1059; State ex rel. Commagere v. Judge, 22 La. Ann. 116 ; Succession of Townsend, 37 La. Ann. 409 . But it may be maintained as a devolutive appeal. Succession of Keller, 39 La. Ann. 579 , 2 South. 553 ; Michenor et al., Trustees, v. Reinach, 49 La. Ann. 361 , 21 South. 552 ; Weil v. Schwartz, 51 La. Ann. 1547 ; 26 South. 475 . It is therefore ordered, adjudged, and decreed that the appeal herein be dismissed as a suspensive, and maintained as a devolutive, appeal.