Lehman v. Louisiana Western Railroad
Supreme Court of Louisiana
APPEAL from the Twenty-fifth District Court, Parish of Lafayette. Be Baillion, J. 1. In a suit against a corporation, the existense of the corporation must be set out. The court cannot judicially recognize ité existence.
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APPEAL from the Twenty-fifth District Court, Parish of Lafayette. Be Baillion, J. 1. In a suit against a corporation, the existense of the corporation must be set out. The court cannot judicially recognize ité existence. C. P. 112, 119,198; 34 Ann. 963; 28 Ann. 415. 2. A citation issued against a defendant, not a natural person nor alleged to be an artificialperson, and served, first, on “ the agent of the nondescript defendant; and, second, on an individual who accepts service for another agent, is null and cannot be the foundation of suit or judgment.” C. P. 198, 201; H. D. Citation; W.…
1Opinion of the Court
*706The opinion of the Court was delivered by
Fenner, J.
The plaintiff, for the use and benefit of his minor child, Eva Lehman, sues the defendant for damages for injury to said child resulting from the alleged negligence of defendant or its employees.
He was met hy two exceptions, which must first be disposed of:
1. The first exception sets up want of legal citation, and denies the jurisdiction of the court on the ground that its domicile is in the parish of Orleans.
The charter of the company, Act 21 of 1878, assigns it no domicile in the State; provides that it may bo sued “only in the district…
2Cited by9 opinions
- Sharp v. New Orleans City R.Supreme Court of Louisiana · 1903
- Haynes v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1917
- Cusimano v. N. O. Pub. Service, Inc.Louisiana Court of Appeal · 1929
- Houston T. C. R. Co. v. FifeCourt of Appeals of Texas · 1912
- Guidry v. Morgan's Louisiana & T. R. & S. S. Co.Supreme Court of Louisiana · 1917
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