Blaffer v. Louisiana National Bank
Supreme Court of Louisiana
APPEAL from the Fifth District Court for the Parish of Orleans. Sogers, J. On the Exception. .1. "We have shown that the exception filed is a peremptory exception as to form and must be filed in limine litis. It (J. P. 344-5. 2. That an exception denying the capacity of the plaintiffs«to stand in judgment must be pleaded in limine litis. 12 La. 618; 6 Rob. 484; 11 Rob. 7; 19 La. 429; Act 1839, Sec. 23, p. 192; 3 An. 150; 3 M. 373; 2 bT. S. 389 ; 5 bf.
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APPEAL from the Fifth District Court for the Parish of Orleans. Sogers, J. On the Exception. .1. "We have shown that the exception filed is a peremptory exception as to form and must be filed in limine litis. It (J. P. 344-5. 2. That an exception denying the capacity of the plaintiffs«to stand in judgment must be pleaded in limine litis. 12 La. 618; 6 Rob. 484; 11 Rob. 7; 19 La. 429; Act 1839, Sec. 23, p. 192; 3 An. 150; 3 M. 373; 2 bT. S. 389 ; 5 bf. S. 343; 1 La. 113-283; 14 La. 328; 7 La. 181; 2 An. 1017; 5 An. 332; 5 La. 40. 3. That the charter of a corporation established under the laws…
1Opinion of the Court
The opinion of the Court was delivered by
Manning, J.
Tlie plaintiffs sue in their alleged capacity of commissioners liquidating the affairs of the Mechanics’ and Traders’ Bank, and seek to recover $4,967.57, the amount of several checks drawn on the defendant Bank, and held by the Mechanics’ and Traders’ Bank on March 19, 1879.
The answer was filed November 3, 1879, and on the second day of the following April the defendant excepted to the capacity of the plaintiffs to sue for this, to-wit: that the .judgment of forfeiture,, under which the plaintiffs were appointed liquidating commissioners of…
2Cases cited1 opinion
- Cheevers v. Burke's AdministratrixSupreme Court of Louisiana · 1841
3Cited by2 opinions
- Horton v. HaralsonSupreme Court of Louisiana · 1912
- Gualden v. Kansas City Southern Railway Co.Supreme Court of Louisiana · 1901