Casey v. H. Abraham & Son

Citations

• 113 La. 581
• 37 So. 484
• 1904 La. LEXIS 678

Syllabus

<p>iCOSTS — -TAXATION — PUBLIC ADMINISTRATION— RECOVERY OP PUNDS.</p> <p>1. The costs for which a party cast in a suit is liable cannot be liquidated and recovered in a direct action brought against him in the district court of his residence. They must be taxed in the original suit in the course of which they were incurred, and enforced through the court in which the suit was brought.</p> <p>2. Where the public administrator has caused himself to be appointed dative testamentary ex•ecutor of a succession, which had been closed by the sending of the heir therein into possession years before his appointment, and he has, as such dative testamentary executor, taken into his possession funds not belonging to that succession, the administrator of the succession, to whom the funds really belong, has a right to recover from him the funds in his hands by a direct action, and he cannot be required to proceed through an action for an accounting.</p> <p>(Syllabus by the Court.)</p>