Guilbeau v. Cormier
Also decided on this docket: La. Ct. App. 3d Cir., November 5, 1962 146 So. 2d 296
Guilbeau v. Cormier, 21 La. Ann. 629 (1869).
Cited by
- Longing v. Home Ins. Co. 138 So. 687 La. Ct. App. 1st Cir. 1932
- Mioriana v. Star Checker Cab Co. 135 So. 724 La. Ct. App. 1st Cir. 1931
- Comire v. Schiro Amusement Co. 6 La. App. 441 La. Ct. App. 4th Cir. 1927
- Noyola v. Norske Lloyd Ins. Co. 111 So. 607 La. 1927
- Sullivan v. Sullivan 61 So. 682 La. 1913
Opinion text
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.