Orleans-Kenner Electric Railway Co. v. Skidmore

Citations

• 14 Teiss. 241
• 1917 La. App. LEXIS 40

Syllabus

<p>Syllabus.</p> <p>1. The presumption in favor of the truth of the recitals of a sheriff’s return can be overcome only by positive and direct evidence.</p> <p>2. The official acts of persons, not mere trespassers or usurpers, holding office under color of right, are valid and binding and cannot be collaterally questioned.</p> <p>3. A defendant in an expropriation suit has no cause to complain that the summonses to jurors failed to properly disclose the location of the Court House as prescribed by C. P. 179, Sec. 4, unless he shows that the jurors were misled thereby and failed to seasonably attend at the Court House on the day they were summoned to appear.</p> <p>4. In expropriation proceedings the Clerk and Sheriff derive their authority to draw the jury from R. S. 1481 (R. C. C. 2632), no mandate of the Court being required. And if the jury is in fact drawn by them in accordance with the statute, it is immaterial that an informal or irregular order of Court was directed to them or either of them upon the subject.</p> <p>5. Under R. S. 1481 (R. C. C. 2632), which requires that the jurors shall be summoned to attend “on the tenth day after the date of the summons,” the date of an undated summons is either the date of its issuance or the date of service thereof.</p> <p>6. Defendants are properly condemned for the costs in an expropriation proceeding where a tender is made in accordance with R. C. C. 2638.</p>