Guilbeau v. Cormier

Supreme Court of Louisiana

Guilbeau v. Cormier

21 La. Ann. 629

CourtSupreme Court of Louisiana

DecidedSeptember 15, 1869

DocketNo. 660

StatusPublished

This text of 21 La. Ann. 629 (Guilbeau v. Cormier) 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

Guilbeau v. Cormier, 21 La. Ann. 629 (La. 1869).

Pincite

Opinion

Howe, J.

This suit was instituted upon a promissory note executed in solido by Cormier & Boy. The latter' alone was cited, and judgment was taken against him by default and made final. Cormier, as a third party liable to contribution, appealed.

The plaintiff, appellee, has moved to dismiss the appeal on the ground, among others, that the defendant Boy, against whom the judg-ement was rendered, has not been made a party. The appeal was taken by petition, which docs not ask for the citation of Boy, nor was he cited. The fact that his name was inserted in the bond does not supply the defect; and the fact that the petition did not request that Boy be cited causes the defect to be attributable to the appellant. The motion must prevail. Gibson v. Selby, 3 Ann. 318; Lobelle v. Lobelle, 5 Ann. 174 ; Cotton v. Sterling, 19 Ann. 137; Saux v. Lefevre, 12 Ann. 757.

It is therefore ordered that the appeal herein be dismissed with costs.

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

Howe, J.

This suit was instituted upon a promissory note executed in solido by Cormier & Boy. The latter' alone was cited, and judgment was taken against him by default and made final. Cormier, as a third party liable to contribution, appealed.

The plaintiff, appellee, has moved to dismiss the appeal on the ground, among others, that the defendant Boy, against whom the judg-ement was rendered, has not been made a party. The appeal was taken by petition, which docs not ask for the citation of Boy, nor was he cited. The fact that his name was inserted in the bond does not supply the defect; and the fact that the petition did not request that Boy be cited causes the defect to be attributable to the appellant. The motion must prevail. Gibson v. Selby, 3 Ann. 318; Lobelle v. Lobelle, 5 Ann. 174 ; Cotton v. Sterling, 19 Ann. 137; Saux v. Lefevre, 12 Ann. 757.

It is therefore ordered that the appeal herein be dismissed with costs.

Cite This Page — Counsel Stack

Bluebook (online)

21 La. Ann. 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guilbeau-v-cormier-la-1869.