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· 3/30/1903

Succession of Lalmont

Citations

  • 110 La. 117
  • 34 So. 298
  • 1903 La. LEXIS 600

Syllabus

<p>RES JUDICATA — ACTION AGAINST UNDERTUTOR — PETITION—MALADMINISTRATION.</p> <p>1. Where an action by a dative tutor against a former tutor and undertutor is dismissed, quoad the tutor, on the ground that the remedy is to demand an account and oppose the same, such action, predicated upon particular acts of alleged maladministration on the part of the defendant tutor, can no longer be maintained as against the undertutor.</p> <p>2. A petition setting forth particular acts of maladministration on the part of the tutor does not, of necessity, disclose a cause of action against the undertutor, made defendant in the same suit; nor does a general allegation of negligence on the part of the undertutor, unaccompanied by an averment of resulting loss or injury to the 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.

  • “In ruling on a motion to dismiss, . . . all reasonable inference should be drawn in favor of the plaintiff.”
  • “[T]he majority of courts addressing the statute’s scope interpret the ECPA to encompass only traditional ‘electronic communications services’ such as internet service providers, electronic mail providers, telecommunications companies, and remote computing services”

Source: CourtListener parenthetical corpus (CC0).

Judges: Monroe

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