Succession of Pointer
Succession of Pointer
Opinion of the Court
The opinion of the court was delivered by
In this case, we have before us three parties: the law
To those creditors’ demand, the executor’s answer is that ho has paid, under orders of the parish court, all the money that has come into his hands, except the aforesaid sum of one thousand dollars, which— without any order of court, but with the consent of the universal legatee of John L. Pointer, he has paid — on the sixth of May 1872 — to Mr. Matthews, an attorney-at-law, by whom -he was represented as executor in an important suit reported in the 24th A. That the whole of whatever composed the succession of said Pointer, has been delivered to his legatee, and that he has now neither money, nor property belonging to said succession. This is not- denied by the creditors, and this is shown by the evidence.
The executor’s statement of the disposition made of the sum of one thousand dollars, was — as would have been a regular account rendered by him, opposed by Messrs. Barrow & Pope, on the ground that said amount was recovered to the succession by their professional exertions, and that the privilege securing the payment of their fee for said collection, bears on 'the amount so recovered by them. As to Dupuy. his opposition is based on his judgment. -
The opposition of Messrs. Barrow & Pope was sustained, that of Dupuy dismissed, and he and the executor have appealed.
Is this a ease of which we have jurisdiction ? The amounts involved in it, whether we consider them together or separately, are under five hundred dollars. There are no funds to be distributed — no dispute as to the correctness of Mr. Matthews’ claim — no dispute as to the validity of Dupuy’s judgment — no dispute as to the character and amount of the account of Messrs. Barrow & Pope; The succession of John L. Pointer is closed and has passed to his universal legatee. Under these circumstances, we can not entertain jurisdiction of this case.
The appeals taken by Dupuy and the executor from the judgment of tho lower court are — therefore—dismissed at their costs.
Reference
- Full Case Name
- Succession of John L. Pointer, On Opposition of Messrs. Barrow & Pope and V. J. Dupuy
- Status
- Published