Ansley v. Stuart

Citations

• 121 La. 629
• 46 So. 675
• 1908 La. LEXIS 730

Syllabus

<p>1. Abatement and Removal — Death oe Pabty.</p> <p>The first step to be taken, after it becomes known that one of the necessary parties to a suit has departed this life, is to make the legal representative of his succession a party.</p> <p>If there is any good reason for reinstating the, case, it will be done contradictorily with a party to the suit.</p> <p>On the Merits.</p> <p>'2. Injunction — Bond — Surety Company Ceasing to Do Business.</p> <p>The surety company had ceased to do business in this state. It had failed to comply with the statute requiring security (bonds) to be deposited in the office of the Secretary of State.</p> <p>This failure to furnish security rendered it possible for defendant to call for other surety, as the surety furnished did not come within the law’s requirement. The fact that it was settling its unfinished business in the state and had property left ■ there — the value of it does not appear — did not afford sufficient security to enable the plaintiff to sustain the validity of the bond furnished.</p> <p>Time is granted within which to furnish new bond.</p> <p>(Syllabus by the Court.)</p>