Edwards v. Parish of Bossier
Edwards v. Parish of Bossier
Opinion of the Court
The plaintiff sues to recover $2253 10, with interest thereon, being the aggregate sum of eighteen warrants or obligations-issued by the police jury of the parish through, the president of that body; and made payable to the petitioner or bearer. The answer is a general denial of the liability of the parish on the instruments sued on, and a special averment is made that the parish of Bossier is without power or authority to jssue and put into circulation the instruments upon which the action is founded, and thereby bind the parish for
It is not shown that the police jury of Bossier parish, by any special act of the Legislature, was empowered to issue these negotiable instruments ; nor is it shown that the police jury, by ordinance passed at the time it authorized the issuing of them, provided in the manner required by law for their payment. These pretended obligations are therefore void and without effect. No money can be had upon them. Acts of 1853, p. 234; 23 An. 190, 232, 251.
It is therefore ordered, adjudged and decreed that the judgment of the district court be annulled, avoided anil reversed. It is further -ordered that there be judgment in favor of defendant, the plaintiff and appellee paying costs in both courts.
Reference
- Full Case Name
- W. S. Edwards v. The Parish of Bossier
- Status
- Published