Woodburn v. Friend
Supreme Court of Louisiana
'Western Dist Afl’EAl EROM THE COURT OE THE SEVENTH DISTRICT POR THE PARISH OI! OUACHITA, THE JUDGE OP THE PIPTH PRESIDING, This case commenced by injunction. The defendant; Friend, by his attorney took out execution on a 1^ months bond signed by P. G. Oliver, as principal, and by the plaintiff, and two others as sureties, under which plaintiff’s property has been seized by the sheriff to satisfy the entire bond.
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'Western Dist Afl’EAl EROM THE COURT OE THE SEVENTH DISTRICT POR THE PARISH OI! OUACHITA, THE JUDGE OP THE PIPTH PRESIDING, This case commenced by injunction. The defendant; Friend, by his attorney took out execution on a 1^ months bond signed by P. G. Oliver, as principal, and by the plaintiff, and two others as sureties, under which plaintiff’s property has been seized by the sheriff to satisfy the entire bond. He avers he only sighed as surety and cannot he liable for more than his share, to at least one third. He further states that the defeiv dant held up his execution and gave a…
1Opinion of the Court
Bullürd, J.
delivered the opinion of the court.
The plaintiff having signed a twelve months bond, as surety /of Oliver, together with two other sureties, in favor of Friend, 'and execution having issued upon it, and levied upon the plaintiff’s property, he obtained an injunction to stay proceedings, on the allegation that he signed the same as joint surety ivith his co-sureties-, Robertson and Warfield, who became equally and jointly bound with him, and that he is in no event bound for more than one third; but that the sheriff has seized more property than is necessary to pay the whole bond. He…
2Cases cited1 opinion
- Fisk v. HartSupreme Court of Louisiana · 1838
3Cited by1 opinion
- Fidelity & Casualty Co. v. BissoSupreme Court of Louisiana · 1934