Licquet's Heirs v. Peirce
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP THE PIRST DISTRICT. This was an action by the payee of a promissory note against the drawer, who admitted his signature and pleaded payment. The plaintiff afterwards died, and by a supplemental petition, Louise Duvernay, widow Bonaventure Martin, and her son Bonaventure Martin, prayed to be substituted in his place, as his legal representatives.
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Eastern Dis. APPEAL PROM THE COURT OP THE PIRST DISTRICT. This was an action by the payee of a promissory note against the drawer, who admitted his signature and pleaded payment. The plaintiff afterwards died, and by a supplemental petition, Louise Duvernay, widow Bonaventure Martin, and her son Bonaventure Martin, prayed to be substituted in his place, as his legal representatives. When the cause was called for trial, the defendant objected to proceed, until he should be served with a copy of the supplemental petition, and should file his answer thereto. The objection was overruled, because…
1Opinion of the Court
The opinion of the court, Portee, J. absent, was delivered by
Mathews, J.
This cause is brought up on a bill of exceptions, found at page five of the record taken to the opinion of the judge a quo, by which the defendant was ruled to trial, &c.
It appears that the plaintiffin this action died after bringing suit, and after issue joined.- This circumstance would have *363caused an abatement, but by leave of the court, her heirs or representatives assumed her place, and were made parties by a supplemental petition.
The suppiemell_ hei^orireprSen! cease! 'pMntiff) of Se actíoTra-tlier than an to the…
2Cited by2 opinions
- Saia v. LuscoSupreme Court of Louisiana · 1924
- Kendall v. Grand Lodge of the Brotherhood of Railroad TrainmenLouisiana Court of Appeal · 1927