State ex rel. Hickman v. Judge of the Second District Court
State ex rel. Hickman v. Judge of the Second District Court
Opinion of the Court
Relator, a creditor of the succession of L. F. Generes, opposed various items of the account rendered by the executors of said succession, amounting in the aggregate to largely over five hundred dollars. From a judgment dismissing the opposition and homologating the account, relator sought for and was denied a suspensive appeal. Thereupon he applied for this mandamus to compel the judge to grant him an appeal.
The answer of the judge is substantially that relator’s interest in the matter in dispute does not exceed five hundred dollars. In the succession of W. H. Gale, 21 An. 487, this court said: “Where creditors of a succession are litigating their rights contradictorily with each other an appeal will lie, though the claim of each creditor may not amount to the sum of five hundred dollars, if the value of the succession exceed that
It is therefore ordered that the mandamus herein be made peremptory.
Reference
- Full Case Name
- State ex rel. A. F. Hickman v. the Judge of the Second District Court, Parish of Orleans
- Status
- Published