West v. Lehmer

Citations

• 115 La. 214
• 38 So. 969
• 1905 La. LEXIS 645

Syllabus

<p>ACTIONS — NATURE AND FORM — PARTIES — NONRESIDENTS — PROCESS—JURISDICTION— OBJECTION — WAIVER.</p> <p>1. After joinder of issue by judgment by default, an exception to the jurisdiction of the court, ratione personae, comes too late.</p> <p>2. An action brought by a resident of Mississippi in the district court for the parish of Caddo against a railway company, whose agent for the acceptance of service is domiciled in New Orleans, and against another defendant, domiciled in Ohio, to annul a contract to which the plaintiff is neither party nor privy, whereby the company has agreed to establish a depot on the land of the other defendant, lying contiguous to that of the plaintiff, in the parish of Red River, in consideration of the grant of a portion of such land for right of way and other purposes, on the ground that the contract is illegal, is a personal action, not in the nature of a proceeding in rem.</p> <p>3.The mere fact that, in an action against two defendants domiciled beyond the territorial jurisdiction of the court of first instance, jurisdiction is acquired as to one, does not of itself authorize the bringing of the other into court by the appointment and citation of a curator ad hoc, even though the appearance of such other defendant be necessary in order to enable the parties already in court, or either of them, to obtain a judgment upon the issues offered for decision.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>