St. Charles St. R. v. Fidelity & Deposit Co.
Citations
- 109 La. 491
- 33 So. 574
- 1903 La. LEXIS 405
Syllabus
<p>INTERVENTION — INJUNCTION—BOND.</p> <p>1. A plaintiff in intervention, who unites with the defendant in resisting the demand of the plaintiff in the suit, does not thereby become a defendant in the suit, nor can that status be conferred upon him by the court, since a person bringing suit in his individual capacity has the right to determine for himself whom he will sue, and cannot be compelled to sue another against his will.</p> <p>2. An order authorizing the filing of an intervention, and designating the intervener as a defendant, followed by a judgment on a rule nisi, directing a writ of injunction to issue upon the plaintiff’s furnishing bond in favor of the original defendant and of the intervener, is unauthorized in so far as it requires a bond in favor of the intervener, and the latter has no right of action on the bond so given.</p> <p>(►Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that lease agreement intended “premises” to only include the internal space where tenant carried on its operations and not the common areas which it only had a non-exclusive right to use
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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