Legal Opinion

Marcy v. Praeger

Supreme Court of Louisiana

Decided January 15, 1882No. 8025Published

APPEAL from the Fourth District Court for the Parish of Orleans. Houston, J, 1. The obligations of sureties in the official bond of a defaulting sheriff are identical with those of the principal. His obligations are to be considered as transported into the bond in their entirety, and bind the sureties for specific performance iu the same manner as he is himself hound by law.

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APPEAL from the Fourth District Court for the Parish of Orleans. Houston, J, 1. The obligations of sureties in the official bond of a defaulting sheriff are identical with those of the principal. His obligations are to be considered as transported into the bond in their entirety, and bind the sureties for specific performance iu the same manner as he is himself hound by law. Schmidt vs. Hew Orleans, 33 A. 19, •52. The amount of the bond is a common fund for the common benefit of those whose funds have been illegally used «or converted, and should be distributed among the different creditors,…

1Opinion of the Court

Tlie opinion of the Court, was delivered by

Bermudez, C. J.

This is an action against two of the sureties of a defaulting sheriff. Their defense is, that they have already, as such, paid under judicial coercion, more than the amount for which they respectively signed the bond. There was judgment in their favor and the plaintiff has appealed.

In this Court, he complains that the appellees have completed the transcript, which was deficient hy their fault, and he claims that we should ignore the supplement.

The appellant also complains, by bills of exception, that the two sureties were permitted hy…

2Cases cited1 opinion

  1. State v. Mayor of BayonneSupreme Court of New Jersey · 1895

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