Police Jury v. Haw
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING. By order of the Police Jury, the Treasurer of the Parish of St. Landry instituted suit against Benjamin S. Haw, late sheriff of said Parish, and his securities Joseph Andres, Luke Lessassier, Eloi Landry and Alexander Robb, on their bond for the amount of the Parish taxes, due for the year 1827, amounting to $3,190. 69, which it was alleged the sheriff had received and failed to pay over…
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APPEAL PROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE OF THE SIXTH PRESIDING. By order of the Police Jury, the Treasurer of the Parish of St. Landry instituted suit against Benjamin S. Haw, late sheriff of said Parish, and his securities Joseph Andres, Luke Lessassier, Eloi Landry and Alexander Robb, on their bond for the amount of the Parish taxes, due for the year 1827, amounting to $3,190. 69, which it was alleged the sheriff had received and failed to pay over to the Parish Treasurer. Haw, executed a bond the 2d February 1827, conditioned for the faithful performance of this…
1Opinion of the Court
Mathews J.
delivered the opinion of the Court.
This action is commenced and prosecuted for the purpose of recovering from the defendants the amount of Parish taxes, for the year 1827. It is against the late Sheriff of the Parish of St. Landry and his sureties on a bond taken for the faithful collection of said taxes. The plaintiffs obtained judgment in the Court below from which the defendants appealed.
The grounds of defence on the part of the sureties as delineated in the answer, are as follow.
1. Haw was not legally sheriff for the year 1827.
2. The sureties have lost their tacit mortgage on…
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