State v. Bradley
Supreme Court of Louisiana
APPEAL from the District Court of the parish of Franklin, Barry, J. cited, 7 A., 595, 178 and 377. Morrison, for defendant and appellant — cited, C. C., 2294, 3030, 3008; O. C., p. 432, Art. 22.
1Opinion of the Court
Merrick, O. J.
This suit is brought against the succession of A. H. Bradley, deceased, formerly Sheriff of the parish of Franklin, and the sureties upon his bond as tax collector of the taxes of 1848.
The claim of discussion, under the Acts of 1847, p. 175, sec. 64., and p. 109, sec. 4, cannot be awarded to the defendants in this case. The plea of discussion is one which must be pleaded in limine litis, Dwight v. Linton, 3 Rob., 57; Zacharie, p. 66.
The objection that the bond was not executed until more than thirty days after the date of the Sheriff’s commission, and that it was not approved…
2Cases cited1 opinion
- Dwight v. LintonSupreme Court of Louisiana · 1842
3Cited by1 opinion
- Louisiana Society for the Prevention of Cruelty to Children v. MoodySupreme Court of Louisiana · 1900