No. 19596 Precedential Processed

Macaluso v. Herrin

Louisiana Court of Appeal, First Circuit · Filed March 12, 1951 · 51 So. 2d 125

Also decided on this docket: La. Ct. App. 1st Cir., May 21, 1951 52 So. 2d 581

Cited by

Crowell v. Reeves 183 So. 2d 446 La. Ct. App. 1st Cir. 1966
Howard v. Great American Indemnity Co. 106 So. 2d 539 La. Ct. App. 1st Cir. 1958
Pardue v. Norred 95 So. 2d 363 La. Ct. App. 2d Cir. 1957
Lusco v. McNeese 86 So. 2d 226 La. Ct. App. 1st Cir. 1956
Monk v. Coal Operators Casualty Co. 76 So. 2d 82 La. Ct. App. 1st Cir. 1954
Macaluso v. Herrin 52 So. 2d 581 La. Ct. App. 1st Cir. 1951

Authorities cited

Identified automatically; this list may not be exhaustive.

Thalheim v. Suhren 137 So. 874
Maheu v. Employers Liability Assur. Corporation 25 So. 2d 363
Reid v. Monticello 33 So. 2d 760
Hirsch v. Kendrick 43 So. 2d 692

Opinion text

McBRIDE, Judge. This suit, instituted by plaintiff to recover damages to his automobile, was directed against Joyce M. Herrin and George J. Miller, jointly and in solido, as joint tort feasors. After the matter was tried on its merits in the court below, there was judgment in favor of plaintiff for $186.90 against George J. Miller, and plaintiff’s suit as to the other defendant, Joyce M. Herrin, was dismissed. Miller appealed, but plaintiff took no appeal from that part of the judgment which dismissed his -suit against Herrin. ■ By way of answer to Miller’s' appeal, plaintiff seeks to bring into -court the other defendant, Joyce M. Herrin, who has moved to dismiss the answer .to the appeal. The motion must prevail. The law is well settled to the effect that an answer to an appeal by a plaintiff cannot serve to bring into court parties against whom his demands have . been dismissed. Thalheim v. Suhren, 18. La.App. 46, 137 So. 874 ; Maheu v. Employers Liability Assurance Corp., Ltd., La.App., 25 So.2d 363 ; Reid v. Monticello, La.App., 33 So.2d 760 ; Hirsch v. Kendrick, La.App., 43 So.2d 692 . The motion to dismiss plaintiff’s answer to the appeal, insofar as it seeks to bring into court Joyce M. Herrin, is sustained. Motion sustained answer to appeal dismissed.