Legal Opinion

Elliott v. White

Supreme Court of Louisiana

Decided March 15, 1833PublishedCited by 2 opinions

Eastern Dis. APPEAL PROM THE COURT OP THE PIRST DISTRICT. The defendant was sued as one of the sureties in a bond to the Parish Judge, by John A. Foote, as principal, curator of tjie plaintiff’s deceased father. It was alleged that the cura-tbr had converted to his own use, five thousand dollars belonging to the estate, and to recover this sum from the surety, this action was brought.

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Eastern Dis. APPEAL PROM THE COURT OP THE PIRST DISTRICT. The defendant was sued as one of the sureties in a bond to the Parish Judge, by John A. Foote, as principal, curator of tjie plaintiff’s deceased father. It was alleged that the cura-tbr had converted to his own use, five thousand dollars belonging to the estate, and to recover this sum from the surety, this action was brought. The defendant filed several exceptions, which were overruled; and he answered, avering that the money claimed was lost, owing to the improper discharge of the curator, and the neglect of the attorney…

1Opinion of the Court

The opinion of the court was delivered by

Martin, J.

The defendant and appellant complains of a judgment rendered against them, as surety of' a former curator of the estate of Foote, in favor of the present.

1. His counsel has urged that the District Court was without jurisdiction, and he was suable in the Court of Probates only.

2. A suit was actually pending in the Court of Probates against him on the bond.

3. The bond was given to the judge of Probates, and was never endorsed or assigned.

4. His principal was never called on to account, and was never put in mora. \ -

The surety of a curator of…

2Cited by2 opinions

  1. Ford v. KittredgeSupreme Court of Louisiana · 1876
  2. Hebert v. HebertSupreme Court of Louisiana · 1870

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