Legal Opinion

State v. Babin

Supreme Court of Louisiana

Decided November 29, 1909No. 17,967PublishedCited by 3 opinions

Application by George E. Babin for a writ of mandamus against the Judge of the Juvenile Court, Parish of Orleans, to compel the acceptance of a bail bond.

1Opinion of the CourtProvosty, J.

The relator asks for a mandamus to compel the acceptance of his attorney as surety on his bail bond. The respondent judge assigns, as his reason for refusing to accept the surety, that by a rule of his court attorneys are not accepted as sureties on the bail bonds of their clients.

That attorneys may go surety for their clients, notwithstanding a rule of court to the contrary, has been held in a civil case. Daly v. Duffy, 26 La. Ann. 468. And the decision has equal force in a criminal case, since the qualification of sureties is a matter of statutory law. Civ. Code, art. 3064; Id. art. 3042,…

2Cases cited1 opinion

  1. Daly v. DuffySupreme Court of Louisiana · 1874

3Cited by3 opinions

  1. Burton v. SteversonSupreme Court of Alabama · 1921
  2. Clement v. NaquinLouisiana Court of Appeal · 1963
  3. Opinion Number, Louisiana Attorney General Reports1998

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