Alba v. Provident Savings Life Assur. Soc.

Citations

• 112 La. 550
• 36 So. 587
• 1904 La. LEXIS 432

Syllabus

<p>BES JUDICATA — ACTION—INTERVENTION BY UNDERTUTOR OF MINOR— GROUNDS.</p> <p>1. With reference to the plea of res judicata, the main fact is that in the first petition, which was dismissed, and which dismissal is pleaded as res judicata, the pleader did not show that the interest of the tutrix conflicted with those of the minor.</p> <p>2. In the second petition the pleader did plead that the interest of the one conflicted with the other. For the purpose of the trial the petition showed that this allegation was correctly set forth.</p> <p>3. There are urgent cases in which the under-tutor can stand in court in place of the tutrix, and the one in hand is, if the facts are correctly set forth in the petition, of the number.</p> <p>(Syllabus by the Court.)</p>