Legal Opinion

St. John Lumber Co. v. Federal Nat. Bank

Supreme Court of Louisiana

Decided April 1, 1918No. 22951PublishedCited by 4 opinions

Appeal from Eighth. Judicial District Court, Parish of Franklin; S. R. Holstein, Judge. Suit by the St. John Lumber Company against the Federal National Bank, W. A. Brown, receiver, and others. Judgment for defendants, dismissing the suit, and plaintiff appeals.

1Opinion of the CourtO’Niell, J.

This is ah action to annul a sheriff’s sale and to recover the property acquired by the Federal National Bank from the adjudicatees at the sale. The suit was dismissed on a plea of res judicata and exceptions of no cause of action and of nonjoinder of an alleged necessary party. The plaintiff prosecutes the appeal.

[1,2] The defendants) move to dismiss the appeal, because the transcript does not contain a copy of the record in the executory proceedings in which the sale was made, entitled Colonial Trust Co., Trustee, v. St. John Lumber Co., 138 La. 1033, 71 South. 147, No. 20,829, and No.…

2Cases cited4 opinions

  1. Vinton Oil & Sulphur Co. v. GraySupreme Court of Louisiana · 1914
  2. S. Blum & Co. v. WylySupreme Court of Louisiana · 1904
  3. Hyde v. CraddickSupreme Court of Louisiana · 1845
  4. Colonial Trust Co. v. St. John Lumber Co.Supreme Court of Louisiana · 1916

3Cited by4 opinions

  1. Long v. ChailanSupreme Court of Louisiana · 1937
  2. Consolidated Loans, Inc. v. SmithLouisiana Court of Appeal · 1966
  3. Harvey v. EnglerSupreme Court of Louisiana · 1936
  4. Sharp v. SharpSupreme Court of Louisiana · 1955

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