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Robert v. Ride

Mad. Widow J. F. Robert, Testamentary of Louis Allard v. Etienne Alphonse Ride and Adrien Mairot

Robert v. Ride, 11 La. Ann. 409 (1856)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
May 15, 1856
Judges
Buchanan
Citations
11 La. Ann. 409
Headnotes
Appeal dismissed for want of proper parties. The practice of the Supreme Court is to notice ex officio^ and without any motion to dismiss having been made, the want of proper parties for a final decree".
Summary
APPEAL from the Second District Court of New Orleans, Lea, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Buchanan

Text extracted by OCR from a scanned original; check the original for exact wording.

Buchanan, J.

A motion is made to dismiss'this appeal, because all the parties to the proceedings, interested in maintaining the judgment of the District Court, have not been made parties to the appeal.

The petition involves two causes of action; one of which is the nullity of a sale of land made by the deceased Allard to the defendant Ride in February, 1837. The parties originally cited as defendants were Ride and Mairol, to whom Ride is alleged to have sold the land in April, 1853.

By a supplemental petition plaintiff alleges that Mairol had sold the land in question to Lize Pellelon in May, 1853, and tliat Lize Pellelon had sold to J. F. Burgnot on the 6th June, 1853', both said sales being prior in time to the institution of this suit. Judgment is asked as in the original petition, for the rescission of the sale of the land, against Pellelon and Burgnot, in solido with the original defendants.

All four defendants have pleaded to the action, which was decided in their favor by the District Court. Plaintiff appealed by motion, and gave a bond in favor of Ride and Mariot only.

It is clear that the other two defendants, Burgnot, who is the actual possessor of the land, and Pellelon, his vendor, who is cited in warranty to defend his title, have an interest in maintaining the judgment of the District Court appealed from; an interest so much the greater, if the allegations of plaintiff’s petition be true, that Ride and Mairol are absentees, and utterly irresponsible in a pecuniary point of view.

Let the rule be made absolute, and the appeal be dismissed, with costs.

On Rehearing — Buchanan

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ON A REHEARING.

Buchanan, J.

We have been requested by counsel on both sides to consider this case as if a rehearing had been granted upon the motion to dismiss the appeal.

*410 It is needless to Inquire whether the motion to dismiss in this ease should have been filed within three days after the transcript was brought up from the inferior court, inasmuch as the practice of this court has been to notice, ex officio, and without any motion to dismiss having been made, the want of proper parties for a final decree. Swearingen v. McDaniel, 12 Rob., 205 ; Succession of Perry, 4 An., 577.

The parties mentioned in the appeal bond are alone parties to the appeal; and it is immaterial to inquire who filled up the blanks in the appeal bond. If that was done by the Clerk of the court, he can be viewed in no other light, pro hac vice, than as the appellant’s agent. Hill v. Bowden, 2 An., 452.

Let the judgment already rendered remain undisturbed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1912: 21913: 11927: 11928: 11934: 11955: 119122026peak 1912 · 2

Relies on it most ⓘ

  1. Comire v. Schiro Amusement Co.6 La. App. 441 (1927)
  2. McCutchen v. Hudson61 So. 157 (La. 1913)
  3. Braun v. Veillon117 So. 719 (La. 1928)
  4. In re Great Southern Lumber Co.62 So. 117 (La. 1912)
  5. Harrington v. Langlinais158 So. 26 (La. Ct. App. 1934)
  6. Chicago-Texas Land & Lumber Co. v. Sabine River Lumber Co.57 So. 1003 (La. 1912)

Most recent

  1. City of New Orleans v. Peterson77 So. 2d 730 (La. 1955)
  2. Harrington v. Langlinais158 So. 26 (La. Ct. App. 1934)
  3. Braun v. Veillon117 So. 719 (La. 1928)
  4. Comire v. Schiro Amusement Co.6 La. App. 441 (1927)
  5. McCutchen v. Hudson61 So. 157 (La. 1913)
  6. In re Great Southern Lumber Co.62 So. 117 (La. 1912)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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