Meyer v. McGuire

Louisiana Court of Appeal

Meyer v. McGuire

1 Gunby 34

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 34 (Meyer v. McGuire) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Meyer v. McGuire, 1 Gunby 34 (La. Ct. App. 1885).

Pincite

Opinion

Gunby, J.

A judgment homologating .a final account of a succession, on which the administrator places the necessitous widow as a creditor, for the amount of funds shown to be in his hands, is a judgment in her favor, and execution can issue thereon, as on ordinary judgments, against . the administrator personally; a suit to recover said amount from the administrator after the homologation of said account, was properly dismissed ; what has been finally adjudged cannot form the basis of a suit.

2. An administrator cannot offset a judgmént against him in favor of the widow with notes or accounts, due by her to him, or to other parties and taken up by him. Nothing short of an actual payment of the judgment to the widow, or on her order, will relieve him.

3. Where no interest is allowed by the judgment, execution cannot issue for any interest.

4. Where plaintiff in an injunction is partially successful, no damages will be allowed on dissolution.

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Gunby, J.

A judgment homologating .a final account of a succession, on which the administrator places the necessitous widow as a creditor, for the amount of funds shown to be in his hands, is a judgment in her favor, and execution can issue thereon, as on ordinary judgments, against . the administrator personally; a suit to recover said amount from the administrator after the homologation of said account, was properly dismissed ; what has been finally adjudged cannot form the basis of a suit.

2. An administrator cannot offset a judgmént against him in favor of the widow with notes or accounts, due by her to him, or to other parties and taken up by him. Nothing short of an actual payment of the judgment to the widow, or on her order, will relieve him.

3. Where no interest is allowed by the judgment, execution cannot issue for any interest.

4. Where plaintiff in an injunction is partially successful, no damages will be allowed on dissolution.

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Bluebook (online)

1 Gunby 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-mcguire-lactapp-1885.