Syndicate v. Block
| Decision Date | 05 November 1923 |
| Docket Number | 25728 |
| Citation | 154 La. 869,98 So. 400 |
| Court | Louisiana Supreme Court |
| Parties | MARTEL SYNDICATE v. BLOCK et al |
Rehearing Denied by Division B December 10, 1923
Appeal from Eighteenth Judicial District Court, Parish of Acadia William Campbell, Judge.
Suit by the Martel Syndicate against J. L. Block and others. Judgment of dismissal and plaintiff appeals.
Reversed and remanded.
Smith & Carmouche, of Crowley, and Howell & Wortham, of Thibodaux, for appellant.
J. O. Modisette and Modisette & Adams, all of Jennings, for appellees.
This suit is brought by the plaintiff corporation against J. L. Block, who was formerly manager of the corporation.
It is charged that the said Block, who has had control of the affairs of the corporation, has removed all of the books, papers, and the corporation seal away from the domicile of the corporation and out of the state, and, in defiance of the rights of the corporation, assumesto manage and carry on all the business of the said corporation at Houston, Tex., to collect the revenues of said corporation, and to declare and pay dividends; that the said Block has sold the oil produced by the Martel Corporation for much less than the market value of the said oil at that time, and has thereby caused great loss to the corporation.
It is further alleged that the said Martel Syndicate receives regularly from the Gulf Refining Company, under a contract, certain royalties on oil produced and sold from the lands of said corporation, and that said Block, having possession of all of the books, papers, seal, and muniments of title, continues to receive the said royalties, and the said Gulf Refining Company still continues to turn them over to said Block, despite petitioners' protest.
It is further alleged that petitioners have the right to have their affairs conducted in accordance with law, by its duly elected directors and officers, and that such officers alone under the law are entitled to possession and control of the property, rights, credit, and seal of said corporation.
A writ of sequestration was issued, directing the sheriff to seize all of the property, rights, revenues, credits, and seal of said corporation found within the parish of Acadia. The defendant Block was cited through a curator ad hoc. The record does not show whether any property was seized in the parish of Acadia or not, but we assume from statements in the brief of counsel that some property of said corporation was found and seized in said parish.
The curator for Block made no appearance, but counsel employed by Block appeared in his behalf and filed the following exceptions: (1) That defendant is a resident and citizen of the state of Texas, and cannot be brought into court by substituted service; (2) that the Martel Syndicate is domiciled at Jennings, Jefferson Davis parish, and the court of Acadia parish is without jurisdiction of the res or the corporation; (3) that the property, books, and papers which plaintiffs seek to have sequestered are not within the jurisdiction of this court; and (4) that there is a suit pending between the same parties in Jefferson Davis parish over the same controversy, and for that reason the court of Acadia parish is without jurisdiction. The trial court sustained the exceptions...
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George W. Garig Transfer v. Harris, 40669
...a waiver of the exception to the jurisdiction ratione personae. State ex rel. Brenner v.Noe, 186 La. 102, 171 So. 708; Martel Syndicate v. Block, 154 La. 869, 98 So. 400. Under the well settled jurisprudence of this Court, the exception of want of jurisdiction ratione personae, to be valid,......
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Cameron v. Reserve Ins. Co.
...were submitted together, without reservation, * * *' See State ex rel. Brenner v. Noe, 186 La. 102, 171 So. 708; Martel Syndicate v. Block, 154 La. 869, 98 So. 400.' Mitchell v. Gulf States Finance Corporation, 226 La. 1008, 78 So.2d 3, 4. See, also, Standard Indemnity, Inc. v. Albrought, L......
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Schultz v. Long Island Machinery & Equipment Co., Inc
... ... 132 La. 476, 61 So. 532, relied upon by appellant, does not ... conflict with this rule; nor does the later case of ... Martel Syndicate v. Block et al., 154 La. 869, 98 ... So. 400. Trial of the plea to the jurisdiction was not ... embarrassed or encumbered with any fact alleged or ... ...
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Mitchell v. Gulf States Finance Corp., 41681
...were submitted together, without reservation, * * *.' See State ex rel. Brenner v. Noe, 186 La. 102, 171 So. 708; Martel Syndicate v. Block, 154 La. 869, 98 So. 400. The exception to the jurisdiction ratione materiae is also without merit; the automobile sequestered was admittedly within th......