Legal Opinion

Schmidt v. City of New Orleans

Supreme Court of Louisiana

Decided January 15, 1881No. 7563PublishedCited by 2 opinions

k BPEAL from the Third District Court, parish of Orleans. Monroe, A J. Pirst — The liability of the surety on the official bond of the sheriff is not fiduciary, and totally different from that of the sheriff, which arises from the law and independently of the bond. Bev. Statutes, Sec. 3538; C. C. Art. 3035; Troplong, du Cautionnement. Ed. de Paris, 1846, Tome XVTE, Ho. 51, p. 59. '•Second — Liability on bondmust be strictly construed; Troplong, du Cautionnment, p. 135 ; XT.

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k BPEAL from the Third District Court, parish of Orleans. Monroe, A J. Pirst — The liability of the surety on the official bond of the sheriff is not fiduciary, and totally different from that of the sheriff, which arises from the law and independently of the bond. Bev. Statutes, Sec. 3538; C. C. Art. 3035; Troplong, du Cautionnement. Ed. de Paris, 1846, Tome XVTE, Ho. 51, p. 59. '•Second — Liability on bondmust be strictly construed; Troplong, du Cautionnment, p. 135 ; XT. S. vs. Boyd et al., 15 Peters, 208; Miller vs. Stewart, 9 "Wheaton, 702. Third — The suit of the city being for the…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

The plaintiffs, as sureties of a defaulting sheriff for the parish of Orleans, have enjoined the execution of a judgment against him and themselves, rendered for an amount of municipal taxes •collected by him, with due authority, but not turned over by him to the •City of New Orleans, to whom they rightfully belonged.

As grounds for the injunction, they averred—

1st. That by the very terms of the judgment, on which the writ issued, the property of the principal was to be first discussed;

2d. That the claim of the city against the sureties,…

2Cases cited3 opinions

  1. Briggs v. Lewiston & Auburn Horse RailroadSupreme Judicial Court of Maine · 1887
  2. Madden v. StateSupreme Court of New Jersey · 1894
  3. Lee County v. AbrahamsSupreme Court of Arkansas · 1876

3Cited by2 opinions

  1. Converse v. FitzpatrickSupreme Court of Louisiana · 1914
  2. Investors Syndicate v. Deposit Guaranty Bank & Trust Co.Louisiana Court of Appeal · 1937

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