Avegno v. Johnston
This text of 22 La. Ann. 400 (Avegno v. Johnston) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A motion is made to dismiss this appeal, on the ground that the surety on the injunction bond given by the plaintiff and -appellee, has not been cited as appellee.
It may be considered the settled jurisprudence of this court that the •surety on an injunction bond is a necessary party to an appeal, and when the appeal is taken by petition, he must be cited, otherwise the appeal will be dismissed for want of proper parties, where, as in this case, the appellant fails to have the surety cited with other parties. •See 12 R. 203; 3 An. 318 ; 4 An. 514, 577; 10 An. 347; 11 An. 409; 19 An. 291; 20 An. 70.
It is therefore ordered that the appeal herein be dismissed, with •costs.
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22 La. Ann. 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avegno-v-johnston-la-1870.