Bernstein v. Dalton Clark Stave Co.

Citations

• 122 La. 412
• 47 So. 753
• 1908 La. LEXIS 473

Syllabus

<p>1. ABATEMENT AND REVIVAL (§ 82*) — -EXCEPTIONS — TIME oe Pleading — Plea Aeteb AnS WEE,</p> <p>The plea of want of jurisdiction rationa materise was interposed after the answer had been' filed.</p> <p>[Ed. Note. — For other cases, see Abatement and Revival, Dec. Dig. § 82.*]</p> <p>2. Abatement and Revival (§ 82*) — Time fob Plea — Filing Aeteb Answeb — Rations MATEELE.</p> <p>If there had been ground for filing that plea, time would be of no importance, as it may be filed at any time.</p> <p>[Ed. Note. — For other cases, see Abatement and Revival, Dec. Dig. § 82.*]</p> <p>3. Abatement and Revival (§ 84*) — Pleading (§ 104*) — Want oe Jubisdiction — Time oe Filing — No Exception Ratione Peb-SONiE.</p> <p>The exception of want of jurisdiction ra-tione persons has never been filed.</p> <p>It would not have been in time to file an ex•ception of want of jurisdiction ratione personas after the answer.</p> <p>One exception cannot do service for another, the pleas being different. In any event, the exception of want of jurisdiction ratione materise cannot do service of an exception ratione personae.</p> <p>As to the exception ratione materise, the court has jurisdiction.</p> <p>[Ed. Note. — For other cases, see Abatement and Revival, Dec. Dig. § 84;* Pleading, Cent. Dig. § 214; Dec. Dig. § 104.*]</p> <p>4. Appeaiíance (§ 23*) — Waiver of Objections — Place to Sue.</p> <p>One must be sued before his own judge. Code Prac. art. 165.</p> <p>By answering defendants accepted jurisdiction of the court of its domicile.</p> <p>The judge of the place of an alleged trespass shall have cognizance (paragraph 8, art. 165) yields to the first general rule when the defendant actively accepts jurisdiction at his own domicile by filing an answer.</p> <p>[Ed. Note. — For other cases, see Appearance, Cent. Dig. §§ 111-117; Dec. Dig. § 23.*]</p> <p>(Syllabus by the Court.)</p>