Vienne v. Chalona

Key passage — most relied on by later courts

““The reason why there was only one motion for an appeal, only one order of appeal, and only one appeal bond, is that there was only one lawsuit in which the plaintiffs had joined in one petition, founded upon one cause of action. The plaintiffs had the same right to join in one motion for an appeal that they had originally to join in one petition for a judgment in favor of each of them. There was no more necessity for having two separate motions for an appeal, or two orders of appeal, or two appeal bonds, than there was originally to have two separate petitions, — one for each plaintiff. As far as the appeal bond is concerned we must bear in mind that, ■according to Article 578 of the Code of Practice, the only bond that can be required of an appellant, for a devolu-tive appeal, is a bond ‘to secure the payment of the costs’. As there is only one lawsuit here, and only one appeal, notwithstanding there are two appellants, there can be only one cost bill; and there is no necessity for having two bonds to secure one and the same cost bill.””

quoted by 1 later decision, including Hernandez v. Ethyl Corp.

“There was a difference in their (plaintiffs) causes of action in that the cause of action of one of them might have been subject to defenses not applicable to the cause of action of the other plaintiff. The importance of that, however, passed out of the case when the defendants failed to plead that there was a misjoinder — if in law there was a misjoinder — of parties plaintiff. It is sufficient to say now, for the purpose of passing upon the motion to dismiss the appeal, that there was only one lawsuit, — and that the defendants long ago waived whatever right they might have had to require two separate lawsuits.”

quoted by 1 later decision, including 16 So. 2d 262 - Security Ins. Co. v. Couvillion