Legal Opinion

Dilzell Engineering & Construction Co. v. Lehmann

Supreme Court of Louisiana

Decided March 4, 1907No. 16,492Published

Appeal from Civil District Court, Parish of Orleans; John St. Paul, Judge. Action by the Dilzell Engineering & Construction Company, Limited, against Gus Lehmann and others. Judgment for defendants, and plaintiff appeals.

1Opinion

On the Merits.

PROVOSTY, J..This suit was dismissed in the lower court on exceptions of misjoin-*277der of parties and no cause of action. By answer in this court defendants ask that the court maintain their other exceptions, viz.:

First, that the petition is vague and indefinite; second, that inconsistent causes of action have been cumulated in the same petition; third, prematurity; fourth, estoppel; fifth, want of Jurisdiction, because the receivership of the defendant corporation is under another division of the court.

Plaintiff insisted in the lower court that the case should be disposed of on…

2Cases cited15 opinions

  1. Handley v. StutzSupreme Court of the United States · 1891
  2. Veeder v. . MudgettNew York Court of Appeals · 1884
  3. Gill v. City of Lake CharlesSupreme Court of Louisiana · 1907
  4. Marcuse v. Gullett Gin Co.Supreme Court of Louisiana · 1900
  5. Spencer v. GoodmanSupreme Court of Louisiana · 1881

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