Eppinett v. Mydland

Full title: IRVIN G. EPPINETT, PLAINTIFF-APPELLANT, v. TENNIS L. MYDLAND ET AL.…

Court: Court of Appeal of Louisiana, First Circuit

Date published: Jun 30, 1955

81 So. 2d 566 (La. Ct. App. 1955)

Opinion

No. 4039.

June 30, 1955.

APPEAL FROM EIGHTEENTH JUDICIAL DISTRICT COURT, PARISH OF WEST BATON ROUGE, STATE OF LOUISIANA, HONORABLE PAUL B. LANDRY, JR., J.

Weber Weber, Baton Rouge, for appellant.

Taylor, Porter, Brooks, Fuller Phillips, Baton Rouge, for appellees.

TATE, Judge.

This is a companion case to Robbins v. Mydland, 81 So.2d 561, where the facts and issues are very fully discussed.

For the reasons expressed therein, the judgment of the trial court dismissing plaintiff's suit is affirmed at his cost.

In brief counsel urges that he is entitled to judgment at least against Leon Johnson, who was a co-defendant in this suit (although not in the companion suits). Although Johnson was served with a petition and cited, the record does not reflect that issue was joined by a preliminary default or otherwise. No valid judgment may be rendered against a party with whom issue has not been joined, Adler, Goldman Siegel v. Wolff, 36 La.Ann. 169. See also Code of Practice, Articles 357 through 360 inclusive.

Affirmed.