Haydel v. Bateman
Supreme Court of Louisiana
Appeal from the District-Court of St. Mary, Boyce, I. The amendment was properly allowed. Hoover v. Richards, 1 Rob. 35. A La. 40Q. Bauduc w. Domingon, 8 Mart.
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Appeal from the District-Court of St. Mary, Boyce, I. The amendment was properly allowed. Hoover v. Richards, 1 Rob. 35. A La. 40Q. Bauduc w. Domingon, 8 Mart. N. S. 438. Petitpain v. Frey, ;15 La. 198. Code Pr. 151. The intervention of Comean was properly rejected; because the decision of the matters.between the plaintiff and defendant could not affect his rights, in the case af Pierre v. ■Masse,the court held that, “it.is not sufficient that the interpleader has claims to establish and enforce against plaintiff or defendant, to authorise an intervention.; lie must show that the decision of…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
This case presents questions of practica, in which we are invariably disposed to be governed by authority. The action as originally commenced, was neither petitory nor possessory ; and, under the rule established by the Supreme Court in the case of Hoover, tutor, v. Richards and wife, 1 Rob. 35, the amendment which made the action clearly petitory was admissible.
The action being petitory, the intervention of Comean should have been allowed. He claimed to be the owner of the land in controversy, and had the right to try his title in this suit,…
2Cases cited1 opinion
- Hoover v. RichardsSupreme Court of Louisiana · 1841