7 La. 50 | La. | 1844
This is an action brought against the defendant by his ward, to compel him to render an account of his administration. She alleges that, as her tutor, he has received large sums of money from the succession of her grandfather, Andrus Gil, and from other sources, and particularly a sum of about five hundred dollars paid over to him by the Probate Judge of the parish of East Baton Rouge, and derived from the said Andrus Gil’s estate. She further represents that, although often requested, he has never rendered any account of his tutorship, and refuses to pay over the moneys belonging to her in his hands. She prays, that
The evidence adduced by the plaintiff fully sustains the judgment appealed from; but it is urged, that under the averments of the petition the Judge improperly received it, and we are referred to the case of Pargoud v. Guice, Administrator, 6 La. 77, in which this court held, that a general allegation of a party being indebted in a gross sum, without any specification of the time, place or manner in which the sum claimed accrued, is too vague to authorize the admission of proof in support of it. The rule thus laid down, which is one well settled in our practice, is inapplicable to a case like the present. Its object is to apprize the opposite party of what is demanded of him, that he may not be taken by surprise; but when a tutor is called upon to render his account, he knows exactly what is asked of him ; his ward is un
It is, therefore, ordered, that the judgment of the Court of Probates of the parish of East Baton Rouge, be so amended, as to bear legal interest from the 24th of November, 1843; and that it be affirmed, in all other respects, with costs.