Ealer v. Millspaugh
Supreme Court of Louisiana
APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. The best evidence, in all cases, must be produced, The Treasurer of a local Board of School Directors for the years 1870 and 1871 could only disburse the funds confided to him upon the-written official warrant of the President of the Board; and then only for the debts of the ward to which the funds were apportioned. Sec. 23 of Act No. 6, extra session of 1870, and par. 10 of said act.
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APPEAL from the Thirteenth Judicial District Court, parish of St. Landry. Hudspeth, J. The best evidence, in all cases, must be produced, The Treasurer of a local Board of School Directors for the years 1870 and 1871 could only disburse the funds confided to him upon the-written official warrant of the President of the Board; and then only for the debts of the ward to which the funds were apportioned. Sec. 23 of Act No. 6, extra session of 1870, and par. 10 of said act. The funds apportioned to one ward cannot be applied to the payments of the debts of another ward. Secondary evidence is…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The board of school directors of the town of Washington claim from the defendant, Millspaugh, as treasurer of said board, and from Elbert Gantt, his surety, the sum of fourteen hundred and twenty-nine dollars and fifty-six cents ($1429 56), received by him in that capacity from the State Treasurer for the use of the public schools of that town.
The answer of Millspaugh does not deny the receipt of the money, but avers that it was paid out by him “ strictly in accordance with the requirements of the la,w.”
The answer of the surety denies…
2Cited by1 opinion
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