Smith v. Gaines
93 U.S. 341 (1876)

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U.S. Supreme Court

Smith v. Gaines, 93 U.S. 341 (1876)

Smith v. Gaines

93 U.S. 341

Syllabus

1. Under the laws of Louisiana, sureties in an appeal bond, which operates as a supersedeas, are liable, by a summary proceeding, to judgment after execution on the original judgment has been issued and a return of nulla bona made by the proper officer.

2. The officer who made this return cannot be compelled to amend or modify it, nor can its truth be questioned in the subsequent proceeding against the sureties.

3. It is no defense that the defendant in the original judgment has been garnished or the judgment sold at the instance of creditors of the plaintiff where the sureties have not been made parties to the proceedings to appropriate such judgment.

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