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24 La. Ann. 131

Wells v. Walker

Supreme Court of Louisiana

Decided March 15, 1872

Supreme Court of Louisiana · decided 1872-03-15

<p>In a sequestration suit tlio surety on the bond must resido in tho parish whore tho process is taken out. Tho samo rule applies in caso of appeal. The surety on the appeal bond must, therefore, reside in the parish from which the appeal is taken.</p>

Cited by 1 later decisions — most recently May 1915

1 state decisions

Relies on Gossett v. Cashell

Good law ✅— No negative treatment on recordhow we know

Decided 1872-03-15

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Taliaferro, J.

¶1There is a motion to dismiss this appeal on the ground that the surety on the appeal bond resides in the parish of Rapides, and not in the parish of Grant, where the judgment appealed from was rendered. The parish of Rapides is within the Ninth Judicial District. :

¶2In cases of sequestration, it has been determined that sureties on bonds are by law required to bo residents of the parish whore the process is taken out. The same terms are used in the Code of Practice in regard to the sureties on appeal bonds that are used in reference to-sequestration bonds, viz : that a surety shall be given “ residing within the jurisdiction of the court.” We think the same reasoning applies-to both classes of sureties. JEadem ratio, eadem lex. 14 La. 245; 1 An. 306.

¶3It is ordered that the appeal be dismissed.

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