Succession of Le Sage

Citations

• 112 La. 857
• 36 So. 757
• 1903 La. LEXIS 476

Syllabus

<p>EXECUTOR — HOMOLOGATION OE ACCOUNT — APPEAL — DISMISSAL.</p> <p>1. The ex parte affidavit made thereon out of court by an executor is insufficient to support a judgment homologating his account. Barry Bros. v. White Lead & Color Works, 31 South. 733, 107 La. 236.</p> <p>On Rehearing.</p> <p>2. The appeal from the judgment homologating an account was taken by petition and citation out of term time.</p> <p>No service was made on the creditors who were interested in the judgment. It was not due to the omission of the clerk. The creditors are interested in maintaining the judgment. If they are not interested, it is because they have been paid, and, further, if they are not interested, there is “no matter in dispute or fund to be distributed within the court’s jurisdiction.” Article 85 of the Constitution.</p> <p>In either case, under repeated decisions, the appeal must be dismissed.</p> <p>(Syllabus by the Court.)</p>