Rapides gazette. (Alexandria, La.) 1869-187?, 1873-04-19
Supreme Court of the State
ofLouisiana.

supreme COuTt Vi tuc iccAtO
ofLouisiana.
CLERKS OFFICE,
New Orleans, March ~, 1873. J
No. 45S3.-Suct,essio of WalterO'
Winn,
Appeal from the Parish Court OF
Rapides.
Mr.. Justice Taliaferro.
The Execatrix Of Walter 0. Winn,
resident in the State ut Kriitncky,
and regardless of her duties as Ex.
ec,,trix of the Estate OF her decei'sea
husband, the court, at the instance
of one of the creditors of the Estate,
ordered that snit be instituted to
diyest her of the Office, when U. n
Uawley representing himself to iH
Public Administrator, of the Farlsii
OF Rapi,les, filei a petition on the
Eth of September 1871, setting
forth the non residence Of the Exc
cutrix, and her neglect of duty, and
praying that the order to inst tute
the suit to divest her of Office, be
addressed to him as Public Admin
;strator of the Parish, that she he
dismissed from Office, and that he
be recognized as Dative Testament
tary Executor, in pursuance OF the
provisions of an act OF the Legisla-
ture "provitiimg for the appoint.
, ,nent of Public Administr tors ana
| defining the duties of the same" APP
/, proved March 8, 1870.
Therefore the Executriy by her
: Attorney, filed an account when
WAS opposed by Hawley as Puoiie
i Administrator.
Am exception was fled OH the
part of the Executrix, to the ~"
thority aud right Of Hawley to ~,
:. pear in the capacity he assumed
The ground being that the Once o
Public Administrator was abo'lshe'
and that no such office WAS KNOW
. to the law.
|" The Exception WIS sustained aii'
e U,rIey ms Public AdmlnistratO
re The ground upon which the com
!. qua, placed its Judgment Il
> that the act of Marc D, 1870 dW
&c not appear in the revised statute
u adoptt,l IN the IA, March 1870, Una
" the last section OF the Revised stan
-, ties 300 repeals all laws contrary
VI or in conflict with tll" PROVISIONS
ne ihe act, adopting the Revised 81 WI
y, =. tes. and that the provisions OF ti
y" Civil Code, C,,de of Practice al
'iS Revised Statutes in regard to u
w aupointment of Administrators
III Estates and Curators OF vacant 81
rs ,.essio,s arr in direct antagolilSin
NC the act of March ., 1870, esta DIS
-, ing Public Administrators, &c.' al
=" that the adopting clause nt'crss''f'
"a, =. also repealed the repugnant act
az %, February 1870. ~,
:. We think the court erred. II
no.. pur,use at the law maker express
i ;'s by the act No 90 approved 70
- February 1870, seems to have r
w to avoid Inc very difficnItirs tn
~" have arisen in this case, and VIII
W" might have arisen i'll many on
We instances, had they not been guar
- ed against 6y the special Staiii't
a.. 18th February 1870 conSti,lci
~ that Statute in conncxion WIN 5
,ion $500 of the Revised S,atut
:; the sei,se resulting ON both - u
10 section :399J of the Revised Statut
~, does not include within It's gene
NC swr - the acts of the General !
i it, sembly, passed during the sess
..an of 1870, M, the contrary. that
w.; acts AMI joint resolutions OF
80 General Assembly passed dur
. 80 tho session of 1870, should take +,
~, ce.lelice of the act adopting tie
m,,t visrd Statutes, ami be held as
.,'m praIing in whole or any part
Id o those Revised Statutes what mi
and be found to he in opposition 4
in conflict with the enactments
.na Joint. resolutions Of the session
If 1910.
=, 1t is therefore ordered that
" Judgment of the Parish Court
w,,o annuiled and reversed.
..,w Ii it further ordered that tins
,isla- a Iell'a' wy 49,. LIZ ,.r..,e.,,;n,
lot if i'is'al'co io' . a.. ..,,..,,.. ma
,ould cofalhs ~ ,"M' '"0 "f r.
,.unt costs of appeal
A true copy:
nj. p. JULIAN,
Dpputy CleI