Parish of St. Helena v. Burton

The opinion of the Court was delivered by

Poché, J.

The Parish of St. Helena seeks judgment against its defaulting Treasurer and the sureties on his official bond for moneys received and unaccounted for by said Treasurer.

His defense is a general denial; the sureties urge the illegality and nullity of the bond which they executed with their principal, on the ground that the members of the Police Jury, by whom Burton had been elected Treasurer, failed or neglected to take the required oath of office within the time prescribed by law, by reason of which failure the members of the Police Jury were,…