In re Pettis

Citations

• 114 La. 870
• 38 So. 590
• 1905 La. LEXIS 560

Syllabus

<p>APPEAL — DISMISSAL—SETTLEMENT — EVIDENCE —ACTION .BY CORPORATION.</p> <p>On Motion to Dismiss.</p> <p>1. Where an appellee, suggesting that a compromise has been effected, moves to dismiss a pending appeal, and an issue of fact is raised, which requires .the taking of testimony, the motion may be held for subsequent action, and, where such a course seems preferable, the parties relegated to the district court, there to. litigate in a proper proceeding the matter in dispute.</p> <p>On Second Motion to Dismiss.</p> <p>2. The defendant corporation loosely kept minutes of its board of trustees. The officers evidently forgot the rules laid down in their charter.</p> <p>3. The motion to dismiss shows irregular attempts to prove that the corporation entered into a compromise with the plaintiff, who sues for possession.</p> <p>4. The former president of the company, it appears, has in some way been ousted. As he was the plaintiff in the action, he no longer has authority to represent the corporation.</p> <p>(Syllabus by the Court.)</p>