Opinion

Harris v. Louisiana State Normal College

  • 18 La. App. 270
  • 134 So. 308
  • 1931 La. App. LEXIS 567
Court
Louisiana Court of Appeal
Filed
May 7, 1931
Status
Published
Author
Stephens
On the bench
Culpepper, Stephens
Cited by
5 cases

The opinion

ON REHEARING

STEPHENS, J.

After further consideration of this case on rehearing, we are of the opinion that we were in error in holding that the judgment against the Southern Casualty Company should be reversed, for the reason that the district judge allowed amended petitions to be filed and the suit continued in effect against said company after having sustained two exceptions of no cause of action in its behalf. The judgments sustaining the exceptions and dismissing the suits were not signed and the correctness of the rulings of the trial judge in these respects are not properly reviewable by this court. However, the decree in our original opinion is, not affected thereby, as clearly no judgment can be rendered against the Southern Casualty Company.

We held in the original opinion, and we think correctly, that the defendant the Louisiana State Normal College was not an incorporated public board, body, commission or institution authorized by the laws of the state to hold property, or sue and be sued. Section 1 of Act No. • 20 of 1914 therefore does not apply to the Louisiana State Normal College. As an action will not lie in favor of plaintiff and against the college, it necessarily follows that an action cannot be maintained in favor of plaintiff and against the insurer, the Southern Casualty Company.

It is therefore ordered that the decree with the reservations therein contained in. our original opinion be reinstated and made the final judgment of this court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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