
    No. 5607.
    C. K. David v. the Parish of East Baton Rouge.
    A judgment acquiesced in and partially executed can not "be appealed from.
    The plea that acquiescence in a judgment can not be given by a police jury so as to prohibit a parish from appealing from a judgment rendered against it, is not tenable. There is no reason why a parish should not be bound by the acts of its agent as an individual would be.
    APPEAL from the Fifth Judicial District Court, parish of East Baton Rouge. Oole, J.
    
      A. S. Herron and G. W. Buchner, for plaintiff and appellee. G. A. Griffith, parish attorney, and B. T. Posey, for defendant and appellant.
   Morgan, J.

This suit is instituted by the holder of certain parish warrants, who asks judgment against the parish, and that a tax be assessed and collected to pay the same.

The action is instituted under the 2629th and 2630th sections of the Revised Statutes. The parish appeals from a judgment rendered in conformity with the prayer of the petition.

A motion is made to dismiss the appeal on the grounds:

First — That the judgment was rendered by consent.

Second — That it has been acquiesced in.

Passing over the question as to whether or not the judgment was a consent judgment, it was certainly acquiesced in.

The judgment was rendered on the sixth February, 1873. By the proceedings of the police jury, January 6, 1874, it appears that the. payment of judgments against the parish was provided for by a tax to be laid. It is admitted that the present judgment was embraced in the action of the police jury, and that a portion of the tax thus levied was collected and paid thereon.

The present appeal was taken in December, 1874.

It is contended, however, that acquiescence can not be given by a police jury so as to prohibit a parish from appealing from a judgment rendered against it. It seems to us, however, that this position is not tenable. We see no reason why a parish should not be bound by the .acts of its agent as an individual would be. A judgment acquiesced in and partially executed can not be appealed from.

The appeal is dismissed.  