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AMERICAN INDEMNITY COMPANY v. ROBERTSON

No. 6724.

309 So.2d 737 (1975)

AMERICAN INDEMNITY COMPANY and Geraldine Freibert v. Geraldine E. ROBERTSON and Victor Auton.

Court of Appeal of Louisiana, Fourth Circuit.

March 12, 1975.

Attorney(s) appearing for the Case

Law Office of Emile L. Turner, Jr., David M. Packard, New Orleans, for plaintiffs-appellees.

Law offices of Steven R. Plotkin, New Orleans, James C. Azcona, for defendants-appellants.

Before SAMUEL, REDMANN and MORIAL, JJ.

MORIAL, Judge.

Is examination of a judgment debtor pursuant to LSA-C.C.P. Article 2451 et seq., a sufficient condition precedent to obtaining a decree against a surety on a suspensive appeal bond? We answer in the negative.

After judgment became executory, an examination of the judgment debtors was conducted in accordance with LSA-C.C.P. Article 2451 et seq. Thereafter, a motion for judgment against the surety was filed. The trial court rendered judgment against...

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