Legal Opinion

Pickett v. Gilmer

Supreme Court of Louisiana

Decided October 15, 1880No. 15PublishedCited by 5 opinions

A PPEAL from the Second Judicial District Court, parish of Bossier. Drew, J. First — No suit shall be instituted against any surety on any appeal bond, nor on the bond of any administrator, tutor, curator, executor, or syndic, until the necessary steps have been taken to enforce payment against the principal.

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A PPEAL from the Second Judicial District Court, parish of Bossier. Drew, J. First — No suit shall be instituted against any surety on any appeal bond, nor on the bond of any administrator, tutor, curator, executor, or syndic, until the necessary steps have been taken to enforce payment against the principal. R. C. C., 3066 ; Acts of 1842, p. 303. Second — The steps necessary to be taken against the principal before any suit can be instituted against Ms surety, under .the decisions of this Court, are as follows: First, to obtain judgment against the principal; second, to issue execution…

1Opinion of the Court

*993The opinion of the Court was delivered by

Todd, J.

Nathan Pickett died in the parish of Bossier in 1853. On the 6th of January, 1854, William Milton Pickett, his son, was appointed administrator of his succession, and on the same day executed his bond, as administrator, for one hundred and twelve thousand four hundred and fifty dollars, with J. B. Gilmer as surety.

On the 9th of December, 1857, the said Pickett, administrator, filed an account of his administration, which, on the 6th of February, 1858, was homologated, and on the 2d of December, 1859, he filed a second account, which was also…

2Cases cited1 opinion

  1. Richey's AppealSupreme Court of Pennsylvania · 1888

3Cited by5 opinions

  1. Succession of OttSupreme Court of Louisiana · 1935
  2. Succession of RabbLouisiana Court of Appeal · 1940
  3. Thompson v. American Surety Co.Supreme Court of Louisiana · 1916
  4. Oliver v. IsgittLouisiana Court of Appeal · 1974
  5. Mosely v. OvertonLouisiana Court of Appeal · 1934

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