Board of School Directors of Union Parish v. Trimble
Supreme Court of Louisiana
k PPEAL from the Eleventh Judicial District Court, parish of Union.. ¿3L Graham, J. First — One holding for another cannot plead prescription of any term of years against the demand of the owner for the thing so held. C. CL 3436. Second — -Action to rescind a.settlement on account of error or fraud is not prescribed by one year ; only ten years prescribe such an action.
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k PPEAL from the Eleventh Judicial District Court, parish of Union.. ¿3L Graham, J. First — One holding for another cannot plead prescription of any term of years against the demand of the owner for the thing so held. C. CL 3436. Second — -Action to rescind a.settlement on account of error or fraud is not prescribed by one year ; only ten years prescribe such an action. C. C. 2221 (2218); 2 A. 443. Third — Actions against agents and depositaries for damages caused by their fraud, or negligence, or mismanagement, are only prescribed! by ten years. 7 B. 513, 3 L. 591. An action brought against…
1Opinion of the Court
The opinion of the Court was delivered by
Levy, J.
The plaintiffs, constituting the Board of School Directors-of the parish of Union, instituted suit against J. E. Trimble, on the 22<5 of September, 1877, in which they sought to annul a settlement made *794by the defendant as Treasurer of the School 'Board of said parish in the year 1875 with the Board then in existence, on the ground that said settlement was false, fraudulent, erroneous, and null and void; and further praying for judgment against defendant for the several sums of $4262 59, $872 57, $763 90, and $10,000, alleged to be due the…
2Cases cited2 opinions
- Wood v. FosterSupreme Court of Louisiana · 1832
- Palmer v. SmithSupreme Court of Louisiana · 1845
3Cited by3 opinions
- Marshall v. WellsLouisiana Court of Appeal · 1980
- Parish of Evangeline v. GuillorySupreme Court of Louisiana · 1931
- Waterall v. W. I. Swain Show Co.Louisiana Court of Appeal · 1929