Sittig v. Littell

Decided September 15, 1869

Supreme Court of Louisiana · decided 1869-09-15

<p>“Where judgment has been rendered in the lower court against the maker and indorser of a promissory note, and the maker appeals, he must make the indorser a party, otherwise the appeal will be dismissed for want of proper parties.</p>

Cited by 3 later decisions — most recently May 1927

3 state decisions

Relies on Mansfield v. Fassett

Good law ✅— No negative treatment on recordhow we know

Decided 1869-09-15

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Howell, J.

¶1In this case judgment in solido was obtained against the two makers and the indorser of a promissory note, from which the two makers took this appeal by petition and asked that the plaintiff be cited. It is manifest that the indorser has an interest and should be a party to the appeal, and as this court will notice, of its own motion, the want of proper parties, the appeal must be dismissed. 12 R. 203 ; 4 A. 577; 11 A. 409; 12 A. 755, 774, 801; 3 A. 317; 19 A. 137.

¶2It is therefore ordered that the appeal herein be dismissed with costs.