Liberal Finance Corp. v. Hills

Louisiana Court of Appeal

Liberal Finance Corp. v. Hills

81 So. 2d 450, 1955 La. App. LEXIS 903

CourtLouisiana Court of Appeal

DecidedJune 15, 1955

DocketNo. 20454

StatusPublished

Cited by1 cases

This text of 81 So. 2d 450 (Liberal Finance Corp. v. Hills) 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.

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Liberal Finance Corp. v. Hills, 81 So. 2d 450, 1955 La. App. LEXIS 903 (La. Ct. App. 1955).

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Opinion

McBRIDE, Judge.

Defendant-appellant contends that the judgment should be reversed because plaintiff, which alleged itself to be a. Louisiana corporation, which was denied in answer, had failed to make proof of such- corporate existence.

There is no merit to the contention. Such a defense is based upon a want .of capacity in plaintiff to sue arid stand in judgment and the defense is of that kind which must be specially pleaded in limine. .Art. 333, Code Prac. Therefore, the denial of plaintiff’s corporate status in the answer is insufficient and plaintiff’s capacity to stand in judgment cannot now be inquired into. Guaranty Discount & Collection Co. v. McClure, La.App., 172 So. 564; Gillon v. Miller, 15 La.App. 168, 130 So. 672; Dunlevy Packing Co. v. Juderman, 1 La.App. 476.

The judgment appealed from is affirmed.

Affirmed.

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McBRIDE, Judge.

Defendant-appellant contends that the judgment should be reversed because plaintiff, which alleged itself to be a. Louisiana corporation, which was denied in answer, had failed to make proof of such- corporate existence.

There is no merit to the contention. Such a defense is based upon a want .of capacity in plaintiff to sue arid stand in judgment and the defense is of that kind which must be specially pleaded in limine. .Art. 333, Code Prac. Therefore, the denial of plaintiff’s corporate status in the answer is insufficient and plaintiff’s capacity to stand in judgment cannot now be inquired into. Guaranty Discount & Collection Co. v. McClure, La.App., 172 So. 564; Gillon v. Miller, 15 La.App. 168, 130 So. 672; Dunlevy Packing Co. v. Juderman, 1 La.App. 476.

The judgment appealed from is affirmed.

Affirmed.

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81 So. 2d 450, 1955 La. App. LEXIS 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberal-finance-corp-v-hills-lactapp-1955.

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