Board of Administrators v. McKowen
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Oourt for the Parish of East Feliciana. Brame, J. Ohas. A. Decker was elected treasurer of the Board of Trustees of the Insane Asylum, on September 6, 1892, for the period of one year from that date; he was chosen as his own successor on November 6, 1898, and did not execute any new bond.
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APPEAL from the Thirteenth Judicial District Oourt for the Parish of East Feliciana. Brame, J. Ohas. A. Decker was elected treasurer of the Board of Trustees of the Insane Asylum, on September 6, 1892, for the period of one year from that date; he was chosen as his own successor on November 6, 1898, and did not execute any new bond. It is . alleged that defendants, who had been his sureties on his official bond, verbally consented to remain his sureties on his said bond as treasurer, and for the balance of the time the said Decker acted as treasurer they- recognized him as such, and received…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, 0. J.
Plaintiffs in their brief first direct our attention to defendants’ pleadings with the view of defeating the position taken on their behalf and claimed to be supported by two decisions of this court (40 An. 241, State vs. Powell; 45 An. 1207, State vs. Lake), that being sureties on an official bond to secure the faithful performance of duty of an officer holding an office the term of which is fixed at one year, they were not liable for any default of the principal beyond the term under which the bond is given,, and that provisions of law…
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