Southern Mutual Insurance v. Pike
Also decided on this docket: La. Ct. App. 3d Cir., June 25, 1980 385 So. 2d 1269; La. Ct. App. 4th Cir., January 14, 1977 338 So. 2d 978; La. Ct. App. 1st Cir., April 5, 1951 51 So. 2d 850
Southern Mutual Insurance v. Pike, 33 La. Ann. 823 (1881).
Cited by
- Colfax Motor Co. v. O'Quinn 2 La. App. 323 La. Ct. App. 1st Cir. 1925
- International Harvester Co. of America v. Union Irr. Co. 72 So. 375 La. 1916
Opinion text
On Motion to Rescind. The opinion of the Court was delivered by Bermudez, C. J. Upon a verified averment of the extinction of the corporation plaintiff and of the judicial appointment of a liquidator of its affairs, an order was obtained substituting him in these proceedings. Dissatisfied with this order, the defendants have taken a rule to rescind it. They set forth allegations, to support which it would be necessary to hear proof, which cannot be received here. 32 An. 663; 2 An. 430. Besides, the appellants have no authority to assail collaterally the appointment of the liquidator, which must be held as validly made until shown to have been legally vacated. 15 An. 27; 23 An. 17; 24 An. 253. The rule is denied.