Southern Mutual Insurance v. Pike

On Motion to Rescind. The opinion of the Court was delivered by Bermudez, C. J. Upon a verified averment of the extinction of the corporation plaintiff and of the judicial appointment of a liquidator of its affairs, an order was obtained substituting him in these proceedings. Dissatisfied with this order, the defendants have taken a rule to rescind it. They set forth allegations, to support which it would be necessary to hear proof, which cannot be received here. 32 An. 663; 2 An. 430. Besides, the appellants have no authority to assail collaterally the appointment of the liquidator, which must be held as validly made until shown to have been legally vacated. 15 An. 27; 23 An. 17; 24 An. 253. The rule is denied.