Parish of Evangeline v. Guillory

This appeal is from a judgment maintaining an exception of no cause of action and a plea of prescription and dismissing plaintiff’s suit.

The suit is for moneys alleged to be due the parish of Evangeline which the defendant received, or should have collected, in his official capacity as clerk of court for that parish, and for which he has failed to account.

The judgment appealed from is based upon the theory that the clerk of court and ex officio recorder is not the agent of the parish and, therefore, the suit is upon an ordinary open account, to which the prescription of three years applies.…