Glass v. Parish of Concordia

Citations

• 113 La. 544
• 37 So. 189
• 1904 La. LEXIS 673

Syllabus

<p>EES JUDICATA — POLICE JUEIES — BONDS.</p> <p>1. An evidence of indebtedness, negotiable in form, was placed in the hands of a trustee or custodian. Part of the evidence of indebtedness was owned by the trustee or custodian.</p> <p>He instituted suit on the whole claim in his own name. The owner of that part which did not belong to the trustee gr custodian became aware that suit had been brought. He never objected to the suit.</p> <p>Res judicata operates as bar both against the trustee and custodian to the extent of his interest; and against the owner, the plaintiff in this case, to the extent of his interest.</p> <p>2. Police juries can exercise only such powers as are delegated to them. While they may impose a tax and have it collected, they are without power to issue negotiable paper. Hazie v. Police Jury of Parish of Madison, 28 La. Ann. 263; Sterling v. West Feliciana, 26 La. Ann. 60; Snelling v. Joffrion, 42 La. Ann. 886, 8 South. 609; Flagg v. Parish of St. Charles, 48 La. Ann. 765, 19 South. 944.</p> <p>The warrant and bond upon which suit was brought are negotiable instruments. Without them plaintiff would not have the shadow of a claim. They are in third hands, and not identified with any special work. They do not represent the value of work performed as shown by the evidence.</p> <p>3. The police jury must provide for paying debts when they create them. Benham v. Parish of Carroll, 28 La. Ann. 343; Smith v. Parish of Madison, 30 La. Ann. 461; Police Jury v. Britton, 15 Wall. 566, 21 L. Ed. 251; Young v. Police Jury of Concordia, 32 La. Ann. 394.</p> <p>Act of 1829, p. 102, No. 31, relative to levees in Concordia, which dispensed that parish from the necessity of providing for the payment of a levee debt which it had contracted, is to be construed with section 2786 of the Revised Statutes. The two laws are not inconsistent. The parish may have the plenary power to make enactment for levees and to incur any expense for their construction or repair, and s