Summary
In Equipment Finance Corp. v. Atkins, 19 La. App. 834, 139 So. 154, the Court of Appeal for the Second Circuit held that an exception directed against the corporate capacity of a plaintiff corporation is dilatory and must be pleaded in limine and that the right to make such a plea is lost by a confirmation of default.
Summary of this case from Post Office Employees Credit Union v. FrosinaOpinion
Decision filed January 6, 1932.
An appeal from the Circuit Court, Dade County; Worth W. Trammell, Judge.
Vincent C. Giblin and Aronovitz Goldstein, all of Miami, for Appellants;
John C. Sullivan and Carl T. Hoffman, both of Miami, for Appellee.
This cause coming on to be heard upon the motion of counsel for Appellee to vacate the order of supersedeas entered herein by a Justice of this Court on December 23, 1931, and to quash the constitutional writ issued in this cause by the Supreme Court on December 23, 1931, and the Court having considered said motion and heard the arguments of counsel for the respective parties, it is now considered and ordered by the Court that if within ten days from this date the appellants herein shall file in the Circuit Court for Dade County a good and sufficient bond in the sum of $15,000.00 conditioned to pay whatever judgment for rents of the property involved in this litigation is obtained against them in a Court of competent jurisdiction, then the aforesaid order of supersedeas and the aforesaid constitutional writ issued by this Court shall remain in full force and effect; otherwise the said order of supersedeas will stand vacated and the said constitutional writ will stand as quashed.
It is further ordered by the Court that the bond herein above mentioned shall be approved by one of the Judges of the Eleventh Judicial Circuit of Florida.