55 So. 748 | La. | 1911
There was trial by jury, and judgment dismissing the suit. Relator -has appealed, and asks for a reversal of the judgment and for the removal of defendant from office.
One of the acts of the deputy had been expressly forbidden by defendant, and the deputy had declared he would not do anything of the kind. 1-Ie disobeyed orders, violated the law, and is now a fugitive from justice. In the commission of this crime,, the co-conspirators of the said deputy were arrested, tried, and convicted. While the defendant has offered a reward for the capture of the said deputy sheriff, he is still at large.
We are of the opinion that defendant cannot be held liable to removal from office be
Defendant cannot be condemned for believing that his deputy would not violate the law, particularly after he had been specially warned not to, and the latter had said that he would not. Defendant is not morally or legally liable under such circumstances.
There were some accidents or crimes committed and charged in the petition which the testimony entirely failed to connect the deputy of defendant with in any manner.
We are convinced, after a careful reading of the testimony, that the judgment appealed from is correct, and it is therefore affirmed.