Succession of Magi
Citations
- 107 La. 208
Syllabus
<p>Syllabus.</p> <p>On Motion to Dismiss.</p> <p>Where, in an action for partition by licitation among heirs, it appears that the property which is the subject of the partition is valued at more than $2,000, and the only matter in dispute is as to the obligation of one of the heirs to collate a sum less than $2,000, and he appeals from a judgment ordering him to collate, the appeal is properly taken to this court, and will not be dismissed, since the jurisdiction is determined, under Article 85 of the Constitution, by the amount of the “fund to be distributed, whatever may be the amount therein claimed.’’</p> <p>On the Merits.</p> <p>1. Books kept under the control and direction of a co-executor by a bookkeeper in the employ of the succession are admissible as a commencement of proof.</p> <p>2. The preponderance of the testimony shows that the amount charged against the co-executor was correctly charged and that the amount was due.</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 allowing FLH to join the lawsuit would constitute more than the merely formal change allowed under Rule 17
- looking to law of the jurisdiction under which the partnership was formed to determine whether the partnership has capacity to sue
- assuming, without deciding, that Sonterra and FrontPoint plaintiffs completely assigned the case’s claims to FLH
- interpreting the same provision of the APA in decision denying request by other FrontPoint entities to substitute FLH as the real party in interest pursuant to Rule 17(a)(3)
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux, Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.