Hayes v. Dugas

Citations

• 51 La. Ann. 447
• 25 So. 121
• 1899 La. LEXIS 418

Syllabus

<p>Syllabus.</p> <p><(1) In a suit by married women the mere statement they are Joined and assisted by their husbands will not suffice. C. C.. Art. 14 ; C. P., Art. 106; 2nd Ann., p. 140 ; 7th Ann. 477: 11th Ann. 265.</p> <p>(2) The suit against sureties on' an administrator’s bond will not be defeated, because the creditors have not notified their judgment against him to the administrator, or called on him lor a statement of the succession funds in his hand, there having been a final account filed by the administrator and. homologated showing the succession funds in his hands and fixing the amounts due the heirs.</p> <p>(3) Our law requires belore suit can be brought against sureties on the bondsol administrators all necessary steps shall be exhausted to procure payment from the administrator; the final judgment against the administrator, the execution returned nulla bona alter the diligent effort to make the money and calls on the parties constitute a substantial compliance with the requirement as to suits ol this character. R. S., Section 3715; C. C., Art. 3006; 4th Ann. 486; 35th Ann. 390.</p> <p>(4) The sureties will not be discharged because ol the mortgage on the records in lavor ol the individual who was the administrator, securing a note payable to him, it not being shown the plaintiffs could have seized the note extant in the hands ol the holder, whoever he might be. 6th Ann. 530; 9th Bob. 504; 1st H. D. Vide Execution ol Judgment, p. 345, No. 5.</p>