St. Geme v. Boimare

Citations

• 117 La. 232
• 41 So. 557
• 1906 La. LEXIS 675

Syllabus

<p>1. Parties — Misjoinder—Dismissal.</p> <p>Where one of two plaintiffs is unquestionably entitled to bring the action, the fact that the other party plaintiff may not be an essentially necessary party is no ground on an exception of misjoinder for the dismissal of the •entire suit.</p> <p>2. Actions — Ex Delicto — What Ake — Limitations.</p> <p>One of two partners caused the partnership property in the possession of the other partner to be sequestered on giving bond for an amount fixed by the judge. On the trial the sequestration was dissolved. The other partner brought suit upon the bond, seeking to recover the damages alleged to have been occasioned by sequestration. Owing to the fact that the amount of damages claimed to have resulted was in excess of the amount which the judge had fixed as likely to be occasioned, the amount demanded by the plaintiff in the suit against his partner (the principal of the bond) was greater ■than that fixed in the bond. The defendants in the suit were the partners who had caused the sequestration of the property and the surety on his bond; the demand against the surety being the amount recoverable upon the bond. The principal on the bond pleaded against the demand against himself the prescription of one year as being an action ex delicto. The court sustained the exception and dismissed the suit. Held error.</p> <p>(Syllabus by the Court.)</p>