Chapman v. Old African Baptist Church

Citations

• 115 La. 678
• 39 So. 806
• 1905 La. LEXIS 719

Syllabus

<p>Appeal — Judgment — Reservation — Construction.</p> <p>Where the plaintiff sued a church corporation after the expiration of its charter by limitation, and recovered judgment by default for a part of his demand, and subsequently sued another church corporation, as the successor of the former, on the original cause of action and for the full amount of his claim, and this court held that plaintiff had no case on the merits against either corporation, but reserved whatever rights he might have “under” his judgment against the “old” corporation, and said judgment was subsequently, in a suit for revival, decreed to be null or not operative against the “new” corporation, held, that the plaintiff was estopped by the decree of this court from reopening the controversy on the merits between the parties, and the reservation was restricted to the right, if any, to enforce the judgment against the “old” organization.</p> <p>(Syllabus by the Court.)</p>