Duggan v. de Lizardi
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. The petitioner alleges, that the defendants, who had formed a particular partnership under the style of the New Orleans Tobacco Warehouse Company, are indebted to him in the sum of $16,692 50, for services rendered by him, under a contract with them, as a superintendant of their establishment, at an annual salary of $5000, commencing from 10th April, 1837. Judgment was prayed for, against the defendants, in…
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Appeal from the Commercial Court of New Orleans, Watts, J. The petitioner alleges, that the defendants, who had formed a particular partnership under the style of the New Orleans Tobacco Warehouse Company, are indebted to him in the sum of $16,692 50, for services rendered by him, under a contract with them, as a superintendant of their establishment, at an annual salary of $5000, commencing from 10th April, 1837. Judgment was prayed for, against the defendants, in proportion to their interest in the establishment, as set forth in the petition. Judgments by default were confirmed against some…
1Opinion of the CourtBullied, J.
The plaintiff and. appellee moves to dismiss this appeal, on the ground that the action is against joint obligors, and that all the defendants in the court below, are not made parties to the appeal. His counsel relies upon the case of Drew v. Atchison and others, 3 Robinson, 140, decided at the last term at Alexandria, in which we held, that, in actions upon joint obligations, all the parties to the judgment below must be before us on the appeal, otherwise it would be dismissed.
It is urged by the counsel for the appellants, (four* out of eleven of the original defendants,) that the above…
2Cases cited3 opinions
- Todd v. DanielSupreme Court of the United States · 1842
- Burke v. Erwin's HeirsSupreme Court of Louisiana · 1834
- Farrar v. NewportSupreme Court of Louisiana · 1841
3Cited by5 opinions
- Comire v. Schiro Amusement Co.Louisiana Court of Appeal · 1927
- Steckler v. SpicuzzaLouisiana Court of Appeal · 1931
- Armstrong v. TurnellSupreme Court of Louisiana · 1853
- August v. SorsbyLouisiana Court of Appeal · 1884
- Oliver v. WilliamsSupreme Court of Louisiana · 1845