Reports of Cases Argued and Determined in the Supreme Court of Louisiana (Volume 18) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1867. Not illustrated. Excerpt: ... 1NDEX. ABSENTEE. If a suit bo instituted against an absentee who has no known agent in the State, or for the administration of whoso property no curator has been appointed, the Judge, boforo whom tho suit is pending, shall appoint a curator ad hoc to defend the absentee in tho suit. Dwighl v. Beliocq, Noblom & Co. 209. An absentee is a person who has resided in the State and has departed, without leaving any one to represent him. It moans, also, tho person who never was domiciliated in tho State, and resides abroad. Dreviilu, Widow, v. Cucullu, 695. A defendant who is domiciled in this State cannot be cited through a curator ad hoe, when he is absent from the State and not represented by an agent. 76. See Prescription. See Mortgage. ACCOUNT. A party receiving an account, and making no objection to it within a reasonable time, admits its correctness, and cannot aftewards legally object to it. Manset l v. Payne, 124. See Executors And Administrators. See Acts Private And Purlic. Sec Husrand And Wife. ACTION. A claimant must establish his claim with legal certainty. It is not enough that he make it probable. HoUzman v. Miilaudon, 29. If one, against whom there was a cause of action, die, leaving one heir only, the suit shall be carried on against such heir, as it would have been against the deceased. Bedford v. Shelton, 40. If the suit had already been brought against the deceased, and ho had not answered, it shall not bo interrupted, but shall be continued against the heir, by a mere citation or notico served on him to that effect, within the delay for original citations, according as the distance may bo from his domicile to tho court whore the action has been brought. Ib. A married woman cannot suo hor husband as long as tho marriage continues, except it be to ob...