Francis v. Lavine

Supreme Court of Louisiana

Francis v. Lavine

21 La. Ann. 265

CourtSupreme Court of Louisiana

DecidedApril 15, 1869

DocketNo. 1499

StatusPublished

Cited by1 cases

This text of 21 La. Ann. 265 (Francis v. Lavine) 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.

Bluebook

Francis v. Lavine, 21 La. Ann. 265 (La. 1869).

Pincite

Opinion

Ludeling, C. J.

This is a suit for a settlenjeivt; of a partnership and partition of the partnership property,

[266]*266Jolm T. Gersdorf, and others of the defendants, have not been cited. The sheriff’s return states that service of citation was made “by leaving the same with Asa Payson, the captain of the Pilot’s Association, at Southwest Pass, in this parish, the said Gersdorf being absent at the time of said service.” A similar return was made on the citations directed to three others of the defendants. The service is defective. C. P. Arts. 187, 190. It is well- settled that in suits for the liquidation and settlement of partnership transactions and account's, and for a partition of property held in common, all the partners, or parties interested, must be made parties to the suit. 6 N. S. 188; 6 La. 689.

It is therefore ordered, adjudged and decreed that the judgment.of the -District Court be reversed, and that this case be remanded to be proceeded with according to law.

Free access — add to your briefcase to read the full text and ask questions with AI

Ludeling, C. J.

This is a suit for a settlenjeivt; of a partnership and partition of the partnership property,

[266]*266Jolm T. Gersdorf, and others of the defendants, have not been cited. The sheriff’s return states that service of citation was made “by leaving the same with Asa Payson, the captain of the Pilot’s Association, at Southwest Pass, in this parish, the said Gersdorf being absent at the time of said service.” A similar return was made on the citations directed to three others of the defendants. The service is defective. C. P. Arts. 187, 190. It is well- settled that in suits for the liquidation and settlement of partnership transactions and account's, and for a partition of property held in common, all the partners, or parties interested, must be made parties to the suit. 6 N. S. 188; 6 La. 689.

It is therefore ordered, adjudged and decreed that the judgment.of the -District Court be reversed, and that this case be remanded to be proceeded with according to law.

Cite This Page — Counsel Stack

Bluebook (online)

21 La. Ann. 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francis-v-lavine-la-1869.

Opinion

Related

Cite This Page — Counsel Stack