No. 853 Precedential Remanded Processed

Succession of McDonald

Louisiana Supreme Court · Filed June 15, 1874 · 26 La. Ann. 590

Also decided on this docket: La. Ct. App. 1st Cir., June 18, 1963 154 So. 2d 794; La. Ct. App. 1st Cir., December 3, 1962 148 So. 2d 850; La. Ct. App. 1st Cir., October 7, 1931 136 So. 771; La., July 15, 1878 30 La. 1246; La., April 15, 1867 70 La. Ann. 172

Cited by

Opinion text

Wyly, J. We do not find the transcript incomplete and the clerk’s certificate insufficient. Therefore the motion to dismiss the appeal on account thereof is denied. This is an appeal from the judgment dismissing the opposition of Ann McDonald, wife of John Stafford, to the account and supplemental account of the administrator of the succession of Alexander McDonald, on the ground that she was not authorized by her husband. She alleged in her petitions of opposition that she was authorized, subsequently, and before trial on the merits, John Stafford filed an opposition himself in which he averred that he authorized the suits of his wife. It is well settled that the authorization of the husband any time before trial on the merits will be sufficient. It is therefore ordered that the judgment appealed from be annulled and it is now ordered that this cause be remanded in order that the opposition herein may be tried and this litigation be proceeded in according to law, appellee paying costs of appeal.