Beaugh v. Fontenot

1 Citing case

  1. Emmco Insurance Co. v. Liberty Mutual Insurance Co.

    138 So. 2d 822 (La. Ct. App. 1962)   Cited 11 times

    They rely upon the settled rule that an appeal by a defendant who has been cast in judgment does not bring before the appellate court a co-defendant discharged by the judgment appealed from; the latter can be retained as a defendant only by a direct appeal taken by the plaintiff from the judgment dismissing the suit as against him. Prosperity Co., Div. of Ward Industries Corp. v. De George, La. App., 123 So.2d 802; Beaugh v. Fontenot, La. App., 116 So.2d 709; Baxter v. Texas Pacific Railway Company, La. App., 102 So.2d 97; Reid v. Monticello, La. App., 33 So.2d 760; Thalheim v. Suhren, 18 La. App. 46, 137 So. 874. In answer to this contention Lewis and his insurer argue that the rule of law has been changed by the Louisiana Code of Civil Procedure, which became effective subsequent to all of the cited cases, and particularly by Articles 2082, 2086 and 2164 thereof.