Eppinett v. Mydland

Louisiana Court of Appeal

Eppinett v. Mydland

81 So. 2d 566, 1955 La. App. LEXIS 916

CourtLouisiana Court of Appeal

DecidedJune 30, 1955

DocketNo. 4039

StatusPublished

Cited by1 cases

This text of 81 So. 2d 566 (Eppinett v. Mydland) 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

Eppinett v. Mydland, 81 So. 2d 566, 1955 La. App. LEXIS 916 (La. Ct. App. 1955).

Pincite

Opinion

TATE, Judge,

This is a companion case to Robbins v. Mydland, 81 So.2d 561, where the facts and issues are very fully discussed.

For the reasons expressed therein, the judgment of the trial court dismissing plaintiff’s suit is affirmed at his cost.

In brief counsel urges that he is entitled to judgment at least against Leon Johnson, who was a co-defendant in this suit (although not in the companion suits). Although Johnson was served with a petition and cited, the record does not reflect that issue was joined by a preliminary default or otherwise. No valid judgment may be rendered against a party with whom issue has not been joined, Adler, Goldman & Siegel v. Wolff, 36 La.Ann. 169. See also Code of Practice, Articles 357 through 360 inclusive.

Affirmed.

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TATE, Judge,

This is a companion case to Robbins v. Mydland, 81 So.2d 561, where the facts and issues are very fully discussed.

For the reasons expressed therein, the judgment of the trial court dismissing plaintiff’s suit is affirmed at his cost.

In brief counsel urges that he is entitled to judgment at least against Leon Johnson, who was a co-defendant in this suit (although not in the companion suits). Although Johnson was served with a petition and cited, the record does not reflect that issue was joined by a preliminary default or otherwise. No valid judgment may be rendered against a party with whom issue has not been joined, Adler, Goldman & Siegel v. Wolff, 36 La.Ann. 169. See also Code of Practice, Articles 357 through 360 inclusive.

Affirmed.

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Bluebook (online)

81 So. 2d 566, 1955 La. App. LEXIS 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eppinett-v-mydland-lactapp-1955.

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