Frellsen v. Strader Cypress Co.

Citations

• 110 La. 877
• 34 So. 857
• 1903 La. LEXIS 723

Syllabus

<p>APPEAL — JURISDICTION — PARTIES — INTERVENTION — RES JUDICATA — CORPORATIONS — POWERS OF PRESIDENT — VENDOR’S LIEN.</p> <p>1. F. brought suit for a moneyed judgment appealable as to amount to the Court of Appeal, claiming a vendor’s privilege on certain timber, and obtained a sequestration of the same. Defendant denied owing the debt, and that plaintiff was its vendor. T. intervened in the suit, joining defendant, set up ownership of the lumber as acquired from the defendant, and placed its value at an amount within the appellate jurisdiction of the Supreme Court. The district court rendered judgment against the plaintiff in favor of the defendant on the main demand, and in favor of the intervener against the plaintiff. The latter appealed from both judgments — his demand against the defendant, to the Court of Appeal, and that of the intervener to the Supreme Court. The Court of Appeal reversed the judgment on the main demand, and gave judgment in favor of the plaintiff against defendant, as prayed for. Intervener having made himself voluntarily a party to the pending suit, and being such at the time of the judgment, he was taken by the appéal, as an appellee, to the Court of Appeal, and the judgment rendered therein bound him as to the issues raised between the plaintiff and the defendant. The issue between plaintiff and intervener remaining was whether the original rights between the plaintiff and defendant were cut off by subsequently acquired rights of the intervener.</p> <p>2. A suggestion by the intervener that the value given by himself to the lumber was inflated, and the Supreme Court was without jurisdietion as to the judgment upon the intervention, was not entertained. Singer v. McGuire, 4 South. 578, 40 La. Ann. 638: Boggs v. Hays, 11 South. 222, 44 La. Ann. 859.</p> <p>3.The president of corporation cannot sell to himself individually the product of a sawmill, subsequently to be made, belonging to the corporation, to the extent of 3,000,000 feet, so a