The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-03-15
Supreme Court of Louisiana.
Condensed Decisions-NEw ORLEANS, March H. 1Sa9

DAVID SCARBOROUGH, CURATOR, Us. DouGALL MCCALL
THIRD OPPOSITION OF R. C. STOCKTON. ..4p
peal from the Tenth Judicial District Court, Parish OF
Madison. SLDELL j.. For the assigned in the
OF Josiah Scarborough Mccall on the third oppos
ton of R. c. Stockton already reported above the Court
OF opinion that the plea of prescription set up by
ton which not complete when the order OF seizure and
provoked by Stockton himself The judgment of the Dis
trlct Court IN favor of the plaintiff affirmed with costs
DAVID sTANBRouGH us. C. C. PRtcE AND L. WATSON
-8pped from the Tenth judicial District Court Parish
Of Madison. KING, j.. The Judgment of the lower Court
affirmed, with costs.
When the construction of evee in front of the land of
onesiden has been adiudicated to party under the
act OF 1929 his claim for the work must first be enforced
against the Iand, before ne can pIoceed against ne
fash which TO be considered IN the light oil surety
and not Oh a principal debtor
s. Brown THE POLICE JURY THE PARISH OF
MADISON, EFT Appeal from the Tenth judicial Dis
trict Court, Parish of Madison ROsT j.. Per cHriam
The plaintiff has instituted this action to from the
defendants the amount of adjudication made to him. un
der the act of 1929 for the construction of evee in front of
tract of land belonging to residents The adjudca
on the of the evee and acceptance by the
Inspector admitted aledged but the etendants
tend that the action is premature There was Judgement
against them and they appealed.
The only question of law which the presents is
whether the plaintiff bound discuss the land upon
which the evee made before he could proceed ans
granted by the act Of 1929 to parties who have
the making of levee but to the principal OBJ
made may or may not avail himself OF it.
1t has been considered by ouf predecessors,
selves that adJudcatOnS the act OF 1873, created
direct obligation against the Parish. The decisions therefore
made to consider the Police Jury the light of
which the plaintiff claims makes the land directly liable to
him. and in opinion establishes his first remedy under
evidence that under ordinance OF the defendants the
land would have been purchased by them for Sul-
pay the plaintiff and the privilege which he has
would thus have Injured their benefit. We think they
1t is urged that the defendants have alIedged in their
that the remedies secured 10 the plaintiff by law
lost consequence OF the acts and omissions OF their Officers
proceed directly against the Parish done the
OF Mewcomb Us. Police Jury, etc, Rob. 233
But the plaintiff has proved that unfounded and that
all the formales required had been complied with. Con-
that the payers of the Parish who be affected
by our decision cannot hold them to allegations made in
l Annual 2l5
it therefore ordered that the Judgement in this case be
in of consult, the plaintiff to costs in both
courts Thomas and Snyder for plaintiff and appellee
Stacey and Sparrow for defendants and appellants.
When defendant sued his written obligation. admits
his signature and pleads genera denial and the plain
tiff does no, appear on the TRIAL. there should be Judg
ment OF ponsuit.
KENDALL DUNBAR rs. JAMES MANsKER.. Appeal
from the SiLh judicial District Court PARISH Of East
Baton Rouge. KING, j.. Per curidm This cause
tried the Court below in the absence of the plaintiff
and CT his counsel and final Judgment rendered in favor
OF the defendant on the merits from which the plaintiff has
The defendant pleads demand in reconvention. His
answer an admission OF his signature and general denial
the only judgment which be rendered the failure of
the plaintiff to appear and prosecute his demand one as
in of nonsuIt. McDonogh OUTLET, Annual. mot
yet repored1
and judgment rendered against the plaintiff of
nonuit, the the costs IN the lower Court and
the defendant those OF the appeal Patterson and Brewer,
for plaintiff and appellant d. d. Avery for defendant and
appellee. ITO be c0nttnned.l