The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-06-01
Supreme Court Of Louisiana.
Condensed Dseisions-NEw ORLEANS. May %. 1919

0verseer towards his employer, accompanied with me
nacing manner, when does not appear that the
ployer was in fault, will authorize the dismissal of tn
and, under such circumstances the cal
only recover his wages during the time he rendere
| services.
| WIN. j. DARDEN Us. JOHN NOLAN. .Appea
from The Sirth Judicial District Court, Parish O
West Baton Rouge. KING, J. las this cast
report it in FULL Per curiam: Plaintiff claims ir
this action his wages an overseer on the pianta
ton of defendant for the months of November and
| December, 1896 He also claims $1,000 on a writ
| ten agreement by which defendant stipulated to
employ him as an overseer for the year l847, aver
| ring that he was discharged by defendant on the
first of January of that year, without just cause.
Defendant admits the alleged agreement, but
AYERS that he dismissed plaintiff in consequence Of
abusive language and menacing gestures used by
the latter to him, well fer negligence and mis-.
| conduct as an overseer. The jury awarded to the
plaintiff the sum claimed in his petition, and de-
fendant appealed.
We are unable to concur with the jury, and are
constrained to reverse their verdict. The evidence
shows that the plaintiff used the most grossly abu-
slve and insulting language to the defendant, ac-
companied with threatning manner, which was
not provoked by the latter far as appears from
the record. After the violent alteration which
occurred between the parties, in which they in
dulged in mutual determinations, it was impossible
that their relations of employer and overseer could
dence to authorize the conclusion that this result
was produced by the fault of the defendant. We
think the defendant fully justified in dsch arg
ing the plaintiff. Youngblood u.s. Dodd, 2 Ann. 1877;
Conrey US. Bauduque, 2 Ann. 1872.
For the month of December and part of the
month of November, during which the plaintiff rem
dered services overseer under separate contract,
he is entitled to the wages stipulated. Judgment
reversed and plaintiff decreed to recover from the
defendant Sl25, plaintiff to pay the costs of the
appeal, and defendant those of the Court below.
RosrNE, f. W. c. u.s. M. BoNABEL ct al. :. .Appeal
from the Third District Court of Nev Orleans. D.. i. .
SLlDELL, j.. Judgment Of nonsuit affirmed
with costs.
Where minor above the age of nineteen years. applied
under the act Of jan q. 1929 to be emancpated and
upon opposition of his tutor, his demand reec ted
and the minor then went into the State Of Alabama and
there married, without the knowledge of his
tutor and Immediately instituted action in Louisiana
to compel his tutor to render his account and pay
the funds in his hands: held, that the minors action
should be dismissed and that the minors marriage in
Alabama affect the judgment rejecting his
application for emancipation than any other form OF
emancipation obtained in that State would affect it,
P. CONSTANT MAILLEFER Us. PAUL SAILLoT,
TUTOR. Appeal from the First District Court Of
NeU Orleans. !0osT, j.. Plaintiff, being at the
time over ~ years OF age, applied to the District
Court to be dispensed with the age required by law
for attaining majority under the act of 1929. The
family meeting, convoked to take his application
into consideration, advised the Judge to grant it
but the tutor opposed it, and after hearing evidence
the Court gave The following judgment: ssThe tes-
timony shows that the applicant is unable to man
age his own affairs, and that he is unwilling to
work we think that the tutors opposition must be
maintained and the costs paid by the MINOR
After the rendition of this decree, the plaintiff
went to the city of Mobile and there married, with
out the knowledge or consent of his tutor and i'm
mediately returned to institute the present action,
in which he calls upon the defendant to account
and pay over to him the funds which he holds as
tutor, on the ground that he has been emancpated
by marriage. The defence is, LIST, that the plain
tiff, having married without the consent of his tu
tor, has no right to COS pei him to until he
attains the age of 81 years I'd, that the judgment
which refused the plaintiff his emancipation, on
the ground of incapacity to manage his own af-
fairs has never been appealed from and is final
against him. There was judgment in plaintiffs
favor, ordering the tutor to account Defendant
took devolntive appeal and, under reservation of
it, rendered his account, which was homologated
and the balance ordered to be paid to plaintiff. De-
PENDANT also appealed from this decree.
Per curiam: We are of opinion that the Dis
trict Court erred, and that the disposition of the
Code which provides that minors are emancpated
by marriage, means the marriages which the law
authorizes, not those which are made in fraud of
its provisions 1t appears to that the plaintiffs
marriage in the State of Alabama can no more af-
feet the judgment rejecting his application for
emancipation than any other form of emancipation
obtained in that State would affect it. Through
motives of public policy the law does not pronounce
ihe nullity OF marriages thus contracted, but it is
equally against public policy that they should be
held 10 confer upon the parties all the rights which
result from the marriages of minors legally au-
ihorize1" Judgment reversed and plaintiff s Pc
tition dismissed with costs in both Courts.
To render dedication of streets and roads to public use bind
ing, it necessary only that there be some act OF
dedication the part of the owner but there also
be something equivalent to acceptance the part of
the pubc-the of these pare. is neces-
sary to pass the right.
THE Town OF CARRoLLToN Us. WIN. JONES
AND WIFE. Appeal from the Third judicial
District Court, Parish Of Jefferson. .Rosr, J. -.
Plaintiffs, municipal corporation, complain that
defendants have obstructed and closed up certain
streets in the town of Carrollton, and seek to have
the streets opened and the Instructions removed.
They also claim damages. The answer of the
defendants is general denial, and they have ap-
pealed from judgment below against them. Per
cur,am: Towns and cities may be projected, and
streets, public squares and roads may be laid out
on plans; but so long as the ground remains en-
closed and portion of it is sold with reference to
those plans, and no express dedication is made and
accepted by the proper authority, the right of the
owner to the soil which those streets public squares
and roads cover, ia not affected thereby. We adj
ms Hidt ho particular lOTm OF words is necessary 10
effect dedication. But it is indispensable that
the owner shall clearly manifest an intention to
dedicate the land to public use, and that the public
should, relying upon that manifestation, have en-
tered into the use and occupation of it, in such
manner as renders it unjust and injurious to re-
claim it.
To render dedication to public use binding, it
is necessary, not only that there be some act of
dedication on the part Of the owner, but there must
also be something equivalent to an acceptance on
the part of the public; in analogy to other con-
tracts, the concurrence of two parties is necessary
to pass the right. State Us Trask, 6 Vermont r.,
355 When neither the dedication nor the aceep-
lance is express, the rights claimed in behalf of
the public must be supported by long .con,inued
usage. There are facts in the record inconsistent
with the intention of the defendants to dedicate to
public Use some of the streets claimed About the
time the plan was made, upon which this dedica-
tion is based, defendants were building house
which stands, in part, in one of those streets, and
in which they have lived ever since. We are of
opinion that the plaintiffs have failed to show the
alleged dedication. Judgment reversed and judg-