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14 La. Ann. 183

Clark v. Hébert

Supreme Court of Louisiana

Decided March 15, 1859

Supreme Court of Louisiana · decided 1859-03-15

<p>"When theappeal is from a judgment in favor of the defendant, in a representativo capacity, the appeal is defective and will be dismissed if the appeal bond is made in favor of the defendant without mentioning his representative capacity.</p>

Decided 1859-03-15

Merrick, 0. J.

¶1There is a motion to dismiss the appeal in this case.

¶2The suit has been brought against the defendant in her capacity of widow in community and tutrix to the minor children of Vincent Kirkland, deceased, and the defendant in her capacity of tutrix has set up a reconventional demand.

¶3The appeal bond is executed by the plaintiffs in 'her favor, in her individual capacity only. The appeal is defective, in not making the defendant a party in her capacity of tutrix.

¶4It is, therefore, ordered, that the appeal taken in this case be dismissed, at the costs of the appellants.

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