Legal Opinion

Gasquet v. Robins

Supreme Court of Louisiana

Decided April 15, 1847PublishedCited by 1 opinion

APPEAL from- the District Court of East Feliciana, Johnson,- J. This suit' was instituted to recover from a former sheriff the amounts for which certain executions were issued in favor of tlie plaintiffs, the sheriff having failed to' return them on'or before their return days. There was a verdict and judgment in favor of tlie plaintiffs for $>4,793 06, from which the defendant has appealed. Tlie material facts of this case will be found iu the opinion of the' court, infra.

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APPEAL from- the District Court of East Feliciana, Johnson,- J. This suit' was instituted to recover from a former sheriff the amounts for which certain executions were issued in favor of tlie plaintiffs, the sheriff having failed to' return them on'or before their return days. There was a verdict and judgment in favor of tlie plaintiffs for $>4,793 06, from which the defendant has appealed. Tlie material facts of this case will be found iu the opinion of the' court, infra. The right to recover is given by the act of 7 April, 1826, sec. 17. The act of 1826 imposes, as a penalty for' neglect…

1Opinion of the Court

The judgment of the court was pronounced by

Kins, L-

The plaintiffs in this action obtained three judgments against parties residing in the parish of East Feliciana, under each of which a writ of fi. fa.was issued and delivered to the defendant, then sheriifof that parish, who failed-to return them within the prescribed delay. It is contended that, by reason of this omission, the defendant lias rendered himself unconditionally liable for the amount of those judgmonls, which liability it is the object of this action to en*409force. The defendant denies that the plaintiffs have sustained any injury…

2Cases cited2 opinions

  1. Black v. CatlettSupreme Court of Louisiana · 1842
  2. Gayoso v. HickeySupreme Court of Louisiana · 1832

3Cited by1 opinion

  1. Walker v. ScanlonLouisiana Court of Appeal · 1963

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