Bottazzi v. American Union Fire Insurance

Citations

• 11 Teiss. 134
• 1914 La. App. LEXIS 25

Syllabus

<p>Syllabus.</p> <p>1. An appeal from a judgment in plaintiff’s favor against defendant upon the main demand, does not constitute an appeal from a separate and distinct judgment, rendered prior thereto, dismissing an intervention.</p> <p>2. The correctness of a judgment upon a main demand from which third persons appeal must be tested upon the facts pleaded and proved prior to its rendition, and cannot be made to hinge upon an allegation, unsupported by proof, contained in an intervention.</p> <p>3. The mandate of the Secretary of State to receive service of citation on behalf of a foreign insurance corporation is irrevocable under Act 105 of 1898. p. 142, which does not contemplate that his authority shall be affected by a withdrawal of the company from the State or by its dissolution or liquidation, but on the contrary that it shall subsist, despite these ■contingencies, “as long as any policy or other liability remains outstanding,” service on him being deemed equivalent to service upon “the principal,” and of the same effect as if the corporation “existed” in this State.</p>