6 Rob. 435 | La. | 1844
This case was before us in March, 1842. See 1 Robinson, 403.
To this rule the plaintiff excepted, on the ground that the judgment of the Supreme Court was final, and that the cause was not sent back for a new trial; that the succession of Williams being opened in the parish of West Feliciana, all actions and claims for money against it must be brought before the Court of Probates of that parish ; that the Court of Pointe Coupee is without jurisdiction, except as to the execution of the judgment of the Supreme Court; and that the proceeding was begun without a petition, and was irregular and unwarranted by law.
- The court below sustained this exception, and discharged the rule; and the defendant, Bourgeat, has appealed.
The Court did not err. The judgment rendered in the case by
It is true we held in this case, that although Mix in his lifetime, deriving his authority to administer the estate of Williams from the Court of Probates for West Feliciana, was amenable to that Court, which alone could order the payment of debts due by the estate; yet, having died without rendering an account, that account could only be rendered in the Court of Pointe Coupée, where his estate was in progress of administration. But it by no means follows, that a claim of Mix against Williams, while the former' was not administrator, as appears to have been the case in relation to the alleged payment to the Canal Bank, could be prosecuted in any other court than that of West Feliciana, where the estate of Williams is being administered!
Judgment affirmed.
The appeal in this case, reported in 1 Rob. 403, is printed, by mistake, as having been taken from the Parish Court of Pointe Coupée. It was from the Probate Court of that palish.