Legal Opinion

State v. Simpson

Supreme Court of Louisiana

Decided November 16, 1908No. 17,265Published

Appeal from Fifth Judicial District Court, Parish of Jackson; George Wear, Judge. M. B. Simpson was arrested on an affidavit sworn out before a justice of the peace, and' was released on a bond upon which J. C. Brown was surety. Simpson having failed to appear, his bond was forfeited, and from the forfeiture his surety appeals, and the State moves to dismiss the appeal.

1Opinion

On the Merits.

The sheriff was unwilling to accept the appellant as surety until $1,500 should have been deposited in bank to his credit; and, the money having been deposited, that fact is now made the basis of the objection that he is a mere stakeholder and has no standing in court to appeal from a judgment which has been rendered against him for the amount'. The sheriff, however, testified that he did not know whether the money was still in bank and that he was looking to the surety to satisfy the bond, and there is no evidence as to the ownership of the money deposited. Upon the face of the…

2Cases cited6 opinions

  1. State v. BalizeSupreme Court of Louisiana · 1886
  2. State v. ToupsSupreme Court of Louisiana · 1892
  3. State v. LougineauSupreme Court of Louisiana · 1851
  4. State v. ClendennenSupreme Court of Louisiana · 1851
  5. State v. GilbertSupreme Court of Louisiana · 1855

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