Rosenthal v. His Creditors
This text of 35 La. Ann. 618 (Rosenthal v. His Creditors) 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.
Opinion
On Motion to Dismiss.
The opinion of the Coart was delivered by
This appeal is from a judgment dismissing an opposition to the homologation of the proceedings of a meeting of the creditors of the plaintiff and granting him a discharge.
The appeal was by petition.
The ground of the motion to dismiss is, that the insolvent alone is cited, and that neither the syndic nor creditors are made parties to the appeal.
The motion must prevail. The syndic of the insolvent, as the representative of the creditors whose claims figure on the statements homologated, is certainly a necessary party to the appeal, and he has not been cited. 12 An. 774.
The appeal is, therefore, dismissed at the cost of the appellant.
Rehearing refused.
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35 La. Ann. 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenthal-v-his-creditors-la-1883.