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KITTREDGE V. RACE, 92 U. S. 116 (1875)

U.S. Supreme Court

Kittredge v. Race, 92 U.S. 116 (1875)

Kittredge v. Race

92 U.S. 116


1. Under the Code of Practice in Louisiana, a suit may be brought and distinct judgments rendered against a defendant as administratrix of her deceased husband, as widow in community, and as tutrix of his minor heirs.

2. There was no error in this case in rendering judgment against the minor heirs declaring that each is liable for his or her proportional share of the father's half of the estate, with benefit of inventory. The legal effect is the same as if the judgment had been against the defendant as tutrix; nor was there error in rendering judgment for all the costs against her and the minor heirs in solido.

3. As an objection to the institution of the suit against the defendant in three distinct capacities, even if it would have been valid, was not taken in the court below at any stage in the case, it cannot be taken here.

4. The exception, that a suit in equity was pending in which the plaintiffs asked for a decree for the same money was no ground for abatement of this action at law, as the result of the action may he necessary for the perfecting of a decree in that suit.

5. An exception is waived by going to trial on the merits.

Page 92 U. S. 117

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