Succession of Trouilly

Citations

• 52 La. Ann. 276

Syllabus

<p>Syllabus.</p> <p>1. Where an appeal is perfected, and the jurisdiction of this court has attached, it cannot be withdrawn by the appellant, without the consent of all the appellees, and of the court, nor will the court permit the withdrawal of a brief, properly filed, in support of such appeal, without the consent of all parties interested.</p> <p>2. Where a document, purporting to be an answer to an appeal, and a brief, filed in support thereof, do not deal with matters acted upon by the court «. quabut undertake to inject into the case, new issues of fact, which can not be met in this court by the appellants, and which this court can neither deal with as original matter, nor as matter included in the pending appeal, such document and brief may be ordered withdrawn from the files.</p> <p>3. An opponent, who, in a motion for a new trial, “acquiesces” in the judgment rendered, save as to certain particulars, is bound by such judicial admission and acquiescence, and will be heard in this court, only with respect to the particulars not included therein.</p> <p>4. The written acknowledgment of the decedent made shortly before her death, of a debt due to a particular opponent, is admissible in evidence as against , the succession and its creditors, and may be supported by the commercial books of the decedent and by oral evidence.</p> <p>5. As between appellees, the judgment appealed from must remain undisturbed in this court.</p> <p>6. The “delivery” of movable property, sold by an auctioneer in a succession proceeding, and the “collection” of the proceeds of the sale, is not “expert” work, for which the auctioneer is entitled to make a charge in excess of the commission allowed him by law, for making the sale.</p> <p>7. Nor, where the property consists of the contents of a store,, which is kept open, at the expense of the succession, and in which persons familiar with the stock are employed and paid up to the date of the sale, will an extra allowance be made to the a