Rosenthal v. His Creditors
Also decided on this docket: La. Ct. App. 1st Cir., June 26, 1972 264 So. 2d 756; La. Ct. App. 1st Cir., March 14, 1978 357 So. 2d 843; La. Ct. App. 1st Cir., August 1, 1977 348 So. 2d 425; La. Ct. App. 1st Cir., October 30, 1958 106 So. 2d 797; La. Ct. App. 1st Cir., March 5, 1923 7 Pelt. 303
Rosenthal v. His Creditors, 35 La. Ann. 618 (1883).
Opinion text
On Motion to Dismiss. The opinion of the Coart was delivered by Todd, J. 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.