Jenkins v. Salmen Brick & Lumber Co.
Jenkins v. Salmen Brick & Lumber Co.
Opinion of the Court
A plea to the jurisdiction ratione personae having been overruled below, defendant filed in this court the present application for a writ of prohibition.
' [1,2] Plaintiff brought his suit in the parish of St. Tammany, upon the allegation that the defendant company had its principal business establishment there, although domiciled in the parish of Orleans. For maintaining his jurisdiction the learned respondent judge cites paragraph (d) of section 25 of Act 267 of 1914, which allows a suit to be brought against any corporation in the court of the parish where is “located the particular office which had supervision of the transac-. tion from which the cause of action arose.” Plaintiff has not alleged that the office of the defendant company in St. Tammany “had supervision of the transaction from which the cause of .action arose.” However,,
Defendant’s learned counsel says that the said statute does not apply to suits under the said act; but he gives no reason' and cites no authority in support of that assertion. It appears to be without foundation, and amenable therefore to the maxim, “Quod gratis affirmatur gratis quoqup negatur.”
The application for prohibition is therefore denied, at the cost of applicant.
Reference
- Full Case Name
- JENKINS v. SALMEN BRICK & LUMBER. CO., Ltd. In re SALMEN BRICK & LUMBER CO., Ltd.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) I. Prohibition Prohibition is not a writ of right, but is largely discretionary with the court, especially in appealable cases. •2. Prohibition Where plaintiff did not allege the grounds of jurisdiction conferred by Act No. 267 of 1914, § 25, par. (d), allowing suit against corporation in the parish where is “located the particular office which had supervision of the transaction from which the cause of action arose,” but the judge cited such statute in maintaining jurisdiction, prohibition against maintaining the suit will be denied, and the question of jurisdiction will be left to determination on appeal. 3. Corporations Act No. 267 of 1914, § 25, par. (d), which allows a suit to be brought against any corporation in the court of the parish where is “located the particular office which had supervision of the transaction from which the cause of action arose,” 'applies to suits brought under the Workmen’s Compensation Act. Monroe, C. J., dissenting.