Ivy v. McIntosh

Louisiana Court of Appeal

Ivy v. McIntosh

1 Gunby 70

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 70 (Ivy v. McIntosh) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ivy v. McIntosh, 1 Gunby 70 (La. Ct. App. 1885).

Pincite

Opinion

Mayo, J.

A bond given in a judicial proceeding, without warrant of law or in violation of the provisions thereof, is a mere nullity which binds none of the parties thereto, Unless there are peculiar circumstances or relations between the parties that make the bond a conventional obligation. 29 An. 296, 500.

2. A consent twelve months’bond cannot be enforced by suit on it as a conventional obligation ; such a bond is an absolute nullity, binding no one. It cannot be enforced in conformity to its provisions, and on payment thereof, the surety would not be subrogated to plaintiff’s rights against the principal, a motive without which the bond would not have been given. 6 L. 5, 11; 25 An. 295; C. C. 2824.

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Mayo, J.

A bond given in a judicial proceeding, without warrant of law or in violation of the provisions thereof, is a mere nullity which binds none of the parties thereto, Unless there are peculiar circumstances or relations between the parties that make the bond a conventional obligation. 29 An. 296, 500.

2. A consent twelve months’bond cannot be enforced by suit on it as a conventional obligation ; such a bond is an absolute nullity, binding no one. It cannot be enforced in conformity to its provisions, and on payment thereof, the surety would not be subrogated to plaintiff’s rights against the principal, a motive without which the bond would not have been given. 6 L. 5, 11; 25 An. 295; C. C. 2824.

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Bluebook (online)

1 Gunby 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivy-v-mcintosh-lactapp-1885.