Scherr Manufacturing Co. v. American Union Fire Insurance

Citations

• 11 Teiss. 130
• 1914 La. App. LEXIS 24

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 mam 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. C. P., 198 applies to foreign as well as to domestic corporations ; and Act 105 of 1898, and other statutes providing for service of citation upon foreign insurance corporations, does not prescribe an exclusive but additional mode of service.</p> <p>4. A sheriff’s return, in accordance with C. P., 198, reciting that citation was served upon a foreign corporation at its office, by personal service upon its agent in this State, is presumptive evidence of such agency.</p>