State ex rel. Fleming v. Joyce

Citations

• 123 La. 637
• 49 So. 221
• 1909 La. LEXIS 758

Syllabus

<p>Elections (§ 66*) — Qualification of Voters —Majority—'“Minor.”</p> <p>The common-law rule that a minor becomes a major “on the beginning of the day preceding the (21st) anniversary” of his birth does not prevail in the state of Louisiana, which by codal provision has adopted the civil-law rule that minors are persons “who have not as yet attained the age of one and twenty years complete.” Rev. Civ. Code, art. 87. This provision was taken from the Code Napoleon, and the French commentators all agree that a minor does not become of age until the commencement, at least, of the twenty-first anniversary of his birth. Hence a minor whose twenty-first anniversary will not occur until the next day after the date fixed for an election cannot lawfully register for the purpose of voting thereat.</p> <p>[Ed. Note. — For other cases, see Elections, Cent. Dig. § 58; Dec. Dig. § 66.*</p> <p>For other definitions, see Words and Phrases, vol. 5, pp. 4527-4528.]</p> <p>(Syllabus by the Court.)</p>