E. George Rogers & Co. v. Black

LE, BLÁNC, Judge.

Although the solidarity of the obligation herein sued on was alleged in the petition filed by the plaintiffs, neither of the defendants in their answers met that issue as one tendered under the pleadings. They raised the question for the first time in this application for a rehearing.

In their application they aver that it was error on our part to render a solidary judgment against them in view of article 2093 of the Revised Civil Code, which they correctly quote as follows: “An obligation in solido is not presumed; it must be expressly stipulated. This rule ceases to prevail…