Succession of Jamison
Citations
- 108 La. 279
Syllabus
<p>Syllabus.</p> <p>Assuming that a belated creditor, appearing and asserting his claim for the first time after the homologation of an administrator’s account, may arrest, in the hands of the latter, any unpaid balances which, by tha judgment of homologation, are to be distributed among the heirs of the deceased debtor, it is, nevertheless, incumbent upon such creditor to prove his claim contradictorily with the heirs, or their creditors. He is not entitled to proceed summarily, and by rule, befoi'e such homologation, or to a trial in the Civil District Court during vacation, for the purpose of making such proof, and the fact that he asserts his claim after the account Is homologated does not confer those rights upon him.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting this argument and holding that plaintiffs bear the burden of proving that a non-fiduciary's conduct does not fall within a § 408 exemption
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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