Derouen v. Norres
Supreme Court of Louisiana
APPEAL from the Nineteenth Judicial District Court for the Parish of Iberia. Voorhies, J. Statement op the Case. On the 9th of December, 1889, the defendant, Tiburce Norres, qualified in the parish of Iberia as administrator of the succession of John Hays, on furnishing a bond often thousand dollars, signed by ten persons as sureties.
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APPEAL from the Nineteenth Judicial District Court for the Parish of Iberia. Voorhies, J. Statement op the Case. On the 9th of December, 1889, the defendant, Tiburce Norres, qualified in the parish of Iberia as administrator of the succession of John Hays, on furnishing a bond often thousand dollars, signed by ten persons as sureties. The present suit was instituted upon the joint petition of six of the said sureties, and of six out of a very large number of heirs left by Hays. In their petition plaintiffs alleged the appointment of Norres as administrator of Hays and the execution by him of…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
The petitioning sureties base their , right of action upon Art. 3057 of the Oivil Code, which authorizes sureties under certain conditions enumerated in the article, even before making any payment, to bring suit against the debtor to be indemnified by him. The second paragraph of the article authorizes the .bringing of such a suit “when the debtor has become a bankrupt or is ■in a state of insolvency.”
The remedy granted by the article cited is universally recognized as being a departure from the general rule announced in Art. 15 of the…
2Cases cited5 opinions
- Macarty v. Bond's AdministratorSupreme Court of Louisiana · 1836
- Rachal v. Rachal's HeirsSupreme Court of Louisiana · 1836
- Field v. MathisonSupreme Court of Louisiana · 1842
- Succession of de ArmasSupreme Court of Louisiana · 1842
- Randall v. Bank of LouisianaSupreme Court of Louisiana · 1841
3Cited by1 opinion
- Leach v. BassmanSupreme Court of Iowa · 1929