STATE EX REL. GUSTE v. ESTATE OF HIMBERT

No. 10524.

327 So.2d 698 (1976)

STATE of Louisiana ex rel. William J. GUSTE, Jr., Attorney General v. The ESTATE of Numa Paul HIMBERT et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 1, 1976.

Writs Refused April 13, 1976.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., and Willie D. Maynor, Asst. Atty. Gen., Baton Rouge, for appellant.

Neil H. Mixon, Baton Rouge, for defendants Numa Paul Himbert, Adelheid Schluter Himbert and Jane Himbert Nehrbass.

Ralph Brewer, Baton Rouge, for Exceptors Steven Wayne Ard, Ronald Stanley Ard, Melanie Mae Ard and Philip Fishburn Ard.

Before ELLIS, BLANCHE and LOTTINGER, JJ.


ELLIS, Judge.

This is a suit by the State of Louisiana against the heirs of Numa Paul Himbert, seeking to recover $94,840.00 which was allegedly wrongfully obtained by Mr. Himbert during his tenure as Auditor of the State Department of Highways. Many exceptions were filed by the defendants, including an "Exception of Laches". All exceptions were overruled except the "Exception of Laches", which was maintained, and plaintiff's suit was dismissed. From the judgment...

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