Bourbon v. Castera

Citations

• 8 La. Ann. 383

Syllabus

<p>Action against three defendants to annul a will and for damages. Each filed an exception that there was a misjoinder of actions. 0. specially excepted on the ground that his co-defendants were made parties for the purpose of depriving him of their testimony. The exceptions were sustained, as to the co-defendants, and the suit dismissed as to them—but the plaintiff’s right to proceed against C. was maintained. Plaintiff appealed—and on motion to dismiss the appeal because 0. had not been made a party to it—it was Held: that 0. should have been made a party. The dismissal of his co-defendants from the suit is a judgment which he has the greatest interest in maintaining, as he specially excepted that they Were made parties in order to deprive him of their evidence. Appeal dismissed.</p>