Sallier v. St. Louis, W. & G. Ry. Co.

Citations

• 114 La. 1090
• 38 So. 868
• 1905 La. LEXIS 597

Syllabus

<p>INTERDICT — JUDGMENT IN EXPROPRIATION SUIT —VALIDITY—WIFE. AS CURATRIX — POWERS —PRESCRIPTION—APPEAL—REMAND.</p> <p>1.A judgment rendered in an expropriation suit against an interdict without the intervention of a jury, and pursuant to an agreement between the wife of the interdict, as curatrix,. and a railroad company, is absolutely null and-void as to the person interdicted.</p> <p>2. The wife cannot be appointed curatrix of the interdicted husband except on the recommendation of a family meeting. Even when regularly appointed, she, like a tutrix, cannot compromise respecting his rights, nor can she bind him by confession of judgment, nor can she alienate his immovable property, except when duly authorized by the court on the advice of a family meeting, and when the property is sold according to law.</p> <p>3. Persons under interdiction cannot be prescribed against except in the cases specially provided by law, nor can they be estopped by silence, in action, or conduct.</p> <p>4. Where it is probable, from the circumstances of the case, that' insufficiency in the evidence may be supplied, and justice requires it, the cause will be remanded as to a particular issue, on which the court cannot pronounce finally.</p> <p>(Syllabus by the Court.)</p>