Theus v. Kemp
Supreme Court of Louisiana
A PPEAL from the First Justice Court for the Parish of Bienville. Barksdale, J. Statement op Facts. Plaintiff,' as agent of Mrs. M. O. Theus, instituted a suit in the First Justice’s Court of Bienville parish, alleging that W. M. Kemp and G. W. Kemp were indebted to Mrs. Theus in solido-in the sum of ninety-nine dollars and ninety-nine cents, with eight per cent, interest from October 1, 1896, being balance due on note of W. M. Kemp, as would appear by said note annexed to…
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A PPEAL from the First Justice Court for the Parish of Bienville. Barksdale, J. Statement op Facts. Plaintiff,' as agent of Mrs. M. O. Theus, instituted a suit in the First Justice’s Court of Bienville parish, alleging that W. M. Kemp and G. W. Kemp were indebted to Mrs. Theus in solido-in the sum of ninety-nine dollars and ninety-nine cents, with eight per cent, interest from October 1, 1896, being balance due on note of W. M. Kemp, as would appear by said note annexed to the petition. That said note was given for lease and use of the place' known as the Beckham place then resided on by…
1Opinion of the Court
On the Motion to Dismiss.
The opinion of the court was delivered by
Nicholls, C. J.
Defendant cast in an action can not be forced to remain in court until it shall suit the representatives of a plaintiff, who has died since the signing of the judgment, to make themselves *1657parties to the action. He is entitled to a continuing plaintiff, and if plaintiff’s representatives fail to make themselves parties, defendant is authorized to have them represented by a person appointed for that purpose by the court. Appellee contends that the provisions of Arts. 116 and 964 of the Code of Practice and 313 of…
2Cited by4 opinions
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- Davis v. UngermanLouisiana Court of Appeal · 1933
- York v. Baton Rouge Electric Co.Louisiana Court of Appeal · 1930
- Parker v. Charles Tolmas, Inc.Louisiana Court of Appeal · 1965