Tutorship of Minor Heirs of Byland

"Where a judgment is rendered, on an opposition to an account of a tutor charging him with a personal liability to the heirs represented by him, an appeal from such judgment taken by bim in bis capacity as tutor only, will not be entertained. An appearance by an attorney for a defendant in a cause, except for the purpose of excepting to the citation, cures the want- of citation. When the defendant in a suit liles a plea to the jurisdiction of the court and tlie plea is overruled and a judgment rendered, and no appeal is taken, tlie' question of jurisdiction becomes res adjudicate and the judgment cannot in a collateial proceeding be treated as an absolute nullity for want of jurisdiction in the court rendering it.

APPEAL from tlie First District Court, Parisli of Caddo. Taylor, J. 1. An administrator may urge any defen.se lie has, whether by general depial, confession and avoidance, or peremptory exception. 111. 533; 5 R. 123; 3 Ann. 223; 6 Ann 54. 2. The petition must contain a clear and concise statement of the object of the demand as well as the nature of his title or the cause of action on which it is founded. C. P., 172* Pickett vs. Vance, 14 Ann. 668. There must he a definite statement in substance and grounds of action, and the relief sought must be expressed with precision ; vague and indefinite allegations of indebtedness cannot support a petition, and loose and indefinite allegations will not be noticed. 23 Ann. 374; 14 Ann. 797; Lamorere vs. Cox, 32 Ann, 1045. A party must describe a note, with much greater certainty must lie describe the amount due him. 27 Ann. 225. ■Where a plaintiff or opponent to an administrator’s or tutor’s account fails to state tbe amount he claims, but merely refers to a judgment; but does not annex the same to his opposition or make it a part thereof, an exception of no cause of action should he sustained, Lamorere vs Cox, 32 Aun. 1045. A party cannot be admitted to prove what he has not alleged. 9 Aim. 124. 3. A judgment rendered against a party who has neither been cited nor appeared, is an absolute nullity. 5 N. S. 429; 7 N. S. 161; 1 R. 30; 13 Ann. 27; 21 Ann. 27. Nothing will cure want of citation except appearing and answering to the merits. 17 Ann. 91; 21 Ann. 438. 4. Where a party denies under oath tba$ a plea filed in his name was filed without author ity and the allegation is borne out by the proof, the act of the attorney is not binding. 15-. 569; Louque, 69, No. 4. 5. A judgment rendered on default in absence of parties by a justice of the peace, is inoperative until legal notification in accordance with art. 1131, C. P, If, therefore, no Ji. fa. could issue until the service of tbe requisite notice, the holder of such a judgment, who neither alleges or proves notice or previous presentation for approval of claim, ought not to be permitted to collect said judgment by an opposition to a tutor’s or administrator's account, otherwise all appeal is denied. 6. A judgment rendered by a court without jurisdiction is absolutely null. 26 Ann. 127; 28 Ann. 744; 27 Ann. 630; 30 Ann. 139, 793. Opponents’ claim is for $97.18 and interest, and there being no other opposition, this is the only amount in controversy, and the appeal should he dismissed. 37 Anu. 429, 35 Ann. 1025; 34 Ann. 585. A tutor appealing from a judgment in his official capacity only, cannot contest on appeal items in said judgment rendered against him individually. 37 Ann. 126; 33 Ann. 1339 ; 32 Ann. 890. When estates are in the possession of minor heirs, debts due by such estates must bo sued ior before the courts of ordinary jurisdiction. C. P. 996; 6 N. S. 519; 30 Ann. 93*; 35 Ann. 826; 36 Ann, 744. Where a defendant has not been cited, but appears in court and contests the cause on any other ground than tbe want of citation, the defect is cured, 9 M. 497; 2 L. 286 ; 31 Anu, 540; 35 Ann. 130.