Nobles v. Bernet

Citations

• 109 La. 278
• 33 So. 313
• 1902 La. LEXIS 147

Syllabus

<p>APPEAL — DISMISSAL—CITATION.</p> <p>On Motion to Dismiss.</p> <p>1. After a judgment has been rendered in favor of a minor in an action in which she was represented by a particular person as her tutor, his resignation was accepted, and another person appointed and qualified as her dative tutor. The defendant, after this, applied by petition for a devolutive appeal, and asked for citation, but did not name the person upon whom citation was to be made. Appellee moved to dismiss for want of citation. Appellant filed no pleadings in the supreme court after the motion to dismiss.</p> <p>Held, the appeal should be dismissed.</p> <p>2. The clerk of court is not a lawyer, and is not charged with the duty of keeping advised of the various changes which may take place, after judgment, in parties. Litigants cannot throw upon him the responsibility of making citation upon proper persons.</p> <p>(Syllabus by the Court.)</p>