The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1881-02-19
The Maurin Case.
No. 7o35.-Victor M;lurin, ct ais, appel
lants, Us. the Town Of Donaldson
villa

No. 7535.-Victor Maurin, ct ais, appel-
lants, Us. the Town of Donaldson
vile.
The bonds here sued on are of the
same series with those involved in the
case Of Oubre and Dugas cs. the same
defendant, just decided. The only point
peculiar to this case and not expressly
disposed Of in the above decisions, is the
defense that the preexisting bond, in set
tlement of which those sued on were
issued, was prescribed at the date of the
lattcr.
Under the views expressed by us in
the Dugas case to the effect that the set
tlement between the town and clam
holders III 1866, under which the new
bonds were issued, was in the nature of
a compromise or transaction, within the
powers granted to the corporate officials
by Act 60 Of 1861, and therefore
valid, we think the defense of prcscrip-
ton as we'll as all other objections to tic
anterior claims were waived thereby,
and can not be revived in al, action to
enforce the compromise.
1t is not pretended that there was any
error of fact AS to tue status Of the old
bond. On the contrary, upon it's face,
it was more than five years uast due.
Non constat that proof of interruption Of
prescription might not have existed. or
that the Town Council might not have
known, or thought, or i1ared, That such
proof did exist OF might not have be-
lleved, through error OF law, that the
prescription OF tive years was not applic-
able. AT all even.s, in the exercise of
their judgments, they Thought it to the
interest of the town to compromise and
settle with bonds issued under the wide
legislative authority which had been
conferred upon them. This excludes the
defense.
The numerous authorities cited would
apply emily to Il suit upon the prescribed
bond itself, and can not be invoked in
all action on new obligations issued in
carrying out compromise.
For these reasons and for those as
signed i'll the cases Of Oubre and Dugas
cs. Town Of fDonaldsonville, Nos. 1869 and
777O of the docket of this court,
1t is ordered, adjudgetl and decreed
that the Judgment appealed from be an
nn!letl, avoided and reversed; and pro-
cecding to render such Judgment as
should have been rendered by the lower
court, it is now ordered and decreed ::
that the following be recognized and
declared to be the amount remaining mn
paid upon the bonds held by plaintiffs
and sued on in this case, to-wit: the
sun, Of S4l13 30, with 5 per cent. per
alnum interest on 52;,5 81 from April /.
1872, on s235 07 from April l, 1873, on
$ss2::,,5 OF from April 1, is74, on s235 o.
from April l, 1875, Oh S235 O7 from April
l, 1876; and with 8 per cent. per an
mum interest OH s293a AZ from April |.
1876; that plaintiffs be recognized and
declared to be creditors OF the defen-
dant for their rateable share of the six
Thousand dollars remaining unpaid out
OF the provision made for the redelnp-
tion of the principal and interest of the
bonds issued under the resolution of the
Mayor and Board Of Selectmen of de-
fendant, dated March 20, 1865, said rate
able share to be the proportion of said
six thousand dollars which the amount
remaining unpaid Oh plaintiffs bonds as
above settled, shall bear to the amount
remaining unpaid on all the bonds
lssned i'll pursuance of said resolution :;
aud that the defendants be condemned
10 pay Ihe amount OF SAID rAtcab1e
share.
1t IS further ordered that the collector
proceed forthwithto collect the special
tax OF one thousand dollars levied by
the ordinance Of Aarcll 20, 1868, on the
assessment rolls of 1871, 1879, 1873, 1874,
1878 and 1876, and to turn the proceeds
over to the treasurer or proper authori-
ties of the town of DonaldsonyilIe to be
applied to the satisfaction of the debt
due plaintiffs according to the principles
stated in this decree and subject to the
orders of the court q qua in execution
thereof. And that the costs of this alp
peal be paid by plaintiffs and appellees
and those of the lower court by detcn-
dant.