Legal Opinion

Lay v. Boyce

Supreme Court of Louisiana

Decided October 15, 1848PublishedCited by 2 opinions

APPEAL from the District Courtof Caldwell, Barry, J. cited Webb v. Kenvp, 2 An. R. 370. Gasquet v. Robins, lb. 410. 4 La. 301. 4 Rob. 40. 2An.R. 656, 657. C. P. 172, 726, 727.

1Opinion of the Court

The judgment of the court was pronounced by

Kino, J.

This proceeding lias been instituted againstthe defendant to render him liable, as sheriff, under the act of 1826 (B. and tí. Dig. p. 435), for the amount specified in an execution placed in his hands, on the ground that he made no effort to execute it, and that he failed to retara the writ on or before the return day. There is a further averment, that the defendant in execution had in his possession, as owner, at the time the writ was in the sheriff’s hands, property sufficient to satisfy it, which the officer failed to seize. The defendant…

2Cited by2 opinions

  1. Succession of LambertSupreme Court of Louisiana · 1946
  2. Walker v. ScanlonLouisiana Court of Appeal · 1963

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