Mitchell Motor Co. v. Maxey

Louisiana Court of Appeal

Mitchell Motor Co. v. Maxey

7 La. App. 247, 1927 La. App. LEXIS 586

CourtLouisiana Court of Appeal

DecidedDecember 21, 1927

DocketNo. 3081

StatusPublished

This text of 7 La. App. 247 (Mitchell Motor Co. v. Maxey) 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

Mitchell Motor Co. v. Maxey, 7 La. App. 247, 1927 La. App. LEXIS 586 (La. Ct. App. 1927).

Pincite

Opinions

REYNOLDS, J.

[248]*248OPINION ON THE SUFFICIENCY OF CITATION

The alleged insufficiency of the citation is in the fact that whereas in the petition served on defendant along with the citation the plaintiff is described as “E. L. Mitchell, sole proprietor and owner of the Mitchell Motor Company” in the citation itself he is described only as “Mitchell Motor Company”.

Code of Practice, Article 179, Paragraph 1, prescribes that the citation must give the title of the cause but does not say what the title shall consist of. Obviously, where there are many plaintiffs or many defendants, all of them could not conveniently be included in the title; so that the title is usually what the plaintiff or clerk of court makes it, and any discrepancy between it and the petition is supplied by the latter which supplements it.

We think the exception was properly overruled.

Sentilles vs. M. L. & T. R. R. & S. S. Co., 9 Or. App. 15.

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