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· 2/15/1904

Stephens v. Duckett

Citations

  • 111 La. 979
  • 36 So. 89
  • 1904 La. LEXIS 585

Syllabus

<p>WILLS—DISINHERISON—REHEARING—REVIEW.</p> <p>1. A recital that the heir married without the consent of the testator, and is therefore disinherited, sufficiently expresses the cause of the disinherison. The minority of the heir need not be mentioned.</p> <p>On Application for Rehearing.</p> <p>2. Points not made on the original hearing will not, as a rule, be considered on an application for a rehearing. 1 Hennen’s Digest, pp. 107, 108.</p> <p>3. A demand not embraced in the pleadings in the court a qua cannot be urged on appeal. Airey v. Okolona Sav. Inst., 33 La. Ann. 1346.</p> <p>4. Minority is implied when the cause of disinherison set forth in the testament is applicable only to minors.</p> <p>(Syllabus by the Court.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that jurisdictional challenges are no different from other collateral attacks to a deportation order, and a defendant wishing to challenge subject matter jurisdiction must meet the requirements of § 1326(d)
  • reconsidering a prior order that had followed Virgen-Ponce 's reasoning and concluding that a noncitizen whose notice to appear failed to specify when or where the deportation hearing would be held must nevertheless satisfy § 1326(d)
  • \An invalid NTA does not become a valid NTA when a notice of hearing is served ....\

Source: CourtListener parenthetical corpus (CC0).

Judges: Land, Provostx

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