
    No. 356.
    The State ex rel. Phanor Breazeale, District Attorney, vs. Clifton Cannon, Sheriff.
    In a suit under Art. 171 of the Constitution to have a sheriff declared ineligible because he is a defaulter, the quietus of the auditor, although given after his election, the receipts of the parish treasurer and receipts of the auditor, the manner in which the police jury makes its settlement with the tax collectors, the amount pa d the parish treasurer to show that this was only a partial payment, parol and written testimony as to the fact of defalcation are all admissible in evidence.
    The suit to remove an ineligible officer for defalcation is conducted under Art. 171, and not Arts. 196, 201.
    In a suit of this kind the State does not have to give bond for an appeal.
    APPEAL from the Tenth District Court, Parish of Avoyelles. Coco, J.
    
    
      Phanor Breazeale for Plaintiff and Appellant.
    
      Thomas Overton, John O. Wiekliffe and Joffrion & Joffrion for Defendant and Appellee.
   The opinion of the court was delivered by

McEnery, J.  