State v. New Orleans Debenture Redemption Co.

Citations

• 112 La. 1
• 36 So. 205
• 1904 La. LEXIS 361

Syllabus

<p>COSTS ALLOWED STATE — PRESCRIPTION—JUDGMENT — WHO LIABLE.</p> <p>1. The amount for costs, in view of the fact that plaintiff had settled, then became part of the judgment. It was, in addition, an amount due the state. It was not subject to the prescription pleaded.</p> <p>2. The sum was paid out of the appropriation for judicial expenses.</p> <p>3. “All costs for which the state may become liable is to be paid out of this fund.” Act No. 05, p. 71, of 1884.</p> <p>The state did not become liable for the costs. In settlement with the state in matter of this fund, she cannot be charged an amount for costs for which she never became liable.</p> <p>4. The defendants in rule have already been condemned to pay costs. The terms of the judgment in the original cause cannot now be changed.</p> <p>5. There was no natural obligation on the part of the state to pay the costs, and therefore she can recover the amount, even after payment.</p> <p>6. The judgment of this court, which held that “the whole question as to the appointment of a liquidator or receiver was left at large, and to be considered as an original question” (26 South. 586, 51 La. Ann. 1§41), does not have the effect of reversing the prior judgment as to costs. No estoppel against the state grows out of this judgment, which defendants in rule can invoke as relieving them from paying costs.</p> <p>7. The defendants who chose to make themselves parties to the litigation are bound equally with the principals.</p> <p>(Syllabus by the Court.l</p>