Succession of Wegmann

Citations

• 110 La. 930
• 34 So. 878
• 1902 La. LEXIS 193

Syllabus

<p>APPEAL — PARTIES—INTERLOCUTORY ORDER — SIGNING — RIGHT TO APPEAL — STAY—ASSIGNMENT OF ERRORS — PROBATE PROCEDURE— —EVIDENCE—TUTORS—DEPOSIT OF FUNDS IN COURT.</p> <p>1. The appellant is not required to look beyond the record and cite on appeal persons who' were not parties to the judgment appealed from.</p> <p>2. When an order to a tutor to deposit in court the funds of the minor is made in connection with an account of his gestión submitted by the tutor, such order is interlocutory in character, and under Act No. 4, p. 5, of 1896, regulating proceedings in the civil district court of the parish of Orleans, and under the rules of court adopted in pursuance of said act, may be made in vacation, and need not be signed.</p> <p>3. An interlocutory order designed to carry out a judgment previously rendered is ordinarily not appealable, but such order becomes; appealable when question is raised as to whether, previously to said order, the judgment had', not already been carried out.</p> <p>4. An order taking the minors’ funds out of' the hands of the tutor is presumably injurious to the minors, and is appealable.</p> <p>5. The Supreme Court may allow new parties-to be made to the appeal where the exigencies; of the case require it.</p> <p>6. The question being whether, as a result of' a suspensive appeal taken to this court, the effect of a certain judgment is stayed, this court will take notice of the fact that the suspensive appeal in question was filed too late, and is bound to be dismissed.</p> <p>7. The appellant has 10 days within which to file an assignment of errors, and is not deprived of the benefit of said delay by the filing of a motion to dismiss.</p> <p>8. In probate proceedings the testimony of the witnesses is required to bo taken down in writing, and a list of the documentary evidence is-required to be made. If such evidence is absent from the transcript of the appeal, and the-transcript has been made in accordance with an agreement of counsel prescribi