Ballew v. Andrus's
Supreme Court of Louisiana
Western Dist. APPEAL PROM THE COURT OF PROBATES, FOR THE PARISH OF ST. LANDRY. This is an action instituted on a security bond, executed in 1821, by Benjamin S. Haw, the then sheriff of the parish of St. Landry, against the executor of the succession of the late Joseph Andrus, one of the sureties in said bond, to recover the sum of one thousand dollars, alleged to be owing to the plaintiff, on account of the illegal conduct of the said sheriff, whilst in office. . The…
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Western Dist. APPEAL PROM THE COURT OF PROBATES, FOR THE PARISH OF ST. LANDRY. This is an action instituted on a security bond, executed in 1821, by Benjamin S. Haw, the then sheriff of the parish of St. Landry, against the executor of the succession of the late Joseph Andrus, one of the sureties in said bond, to recover the sum of one thousand dollars, alleged to be owing to the plaintiff, on account of the illegal conduct of the said sheriff, whilst in office. . The plaintiff alleges, that in the year 1821, in the parish of St. Landry, Joseph Andrus, in his life time, together with Benjamin…
1Opinion of the CourtMartin, J.
The plaintiff is appellant from a judgment sustaining the defendant’s plea to the jurisdiction of the court.
The suit was brought on a sheriff’s bond, on which the defendant’s testator was a surety. An exemption from the jurisdiction of the Court of Probates is claimed on the following suggestions:
' First, That the District Court has e±clusive jurisdiction.
Second, That the suit ought to have been brought against the sheriff, whose acts alone are complained of.
Third, That it should have been brought against the heirs, and not the executor of the deceased surety.
Fourth, That it is an action…
2Cited by6 opinions
- Illinois Cent. R. v. New Orleans Terminal Co.Supreme Court of Louisiana · 1918
- Distefano v. MichielsSupreme Court of Louisiana · 1925
- Barton v. Cumberland Telephone & Telegraph Co.Supreme Court of Louisiana · 1906
- Murrin v. SheldonLouisiana Court of Appeal · 1936
- Stephenson v. N. O. Ry. & L. Co.Louisiana Court of Appeal · 1927
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