Frith v. Pearce

Citations

• 105 La. 186

Syllabus

<p>Syllabus.</p> <p>In case a nuncupative testament by public act is held good as a nuncupative ' testament under private signature in other respects, the notary signing the act, and the person who signs the name of the testatrix on account of her physical disability, are competent witnesses, and may be counted as such.</p> <p>It appearing from the recitals of such an instrument, that the testatrix “was not able to sign her name on account of physical disability,” the requirements of K. C. C. 1582 will be complied with.</p> <p>On Rehearing.</p> <p>If a plaintiff, desiring to take an appeal from the judgment rendered on his peti tion, obtains an order for a “general appeal,” and perfects the same by executing a bond in favor of the clerk of court, the appeal brings up the entire judgment.</p> <p>The appellant cannot limit the scope of the appeal by a mere recital in the “condition” of the bond, that it is taken from particular parts of the judgment. If such was appellant’s intention he should have made the same known in the application for appeal and caused the order of appeal to be made accordingly.</p>