New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-14

| that the plaintiffe, should have $1,000 com
missions in any event, is binding on the al,
pelee: the contract may have been rash
| but it was not unlawful.
1t is therefore ordered that the Judgment
appealed from be reversed, and that th'
| plaintiffs recover from the defendant thu
| sum of S34i0, and the further sum of STA y
attorneys fees. with recognition OF speria
| mortgage on the property mentioned, witt
| right to seize and sell the same.
| Lizzie Taylsr administrative, VS.. w. Is
| Robertson and wife-Appeal from the dis
| trict court parish of West Baton Rouge
| This is Il suit OH u mortgage note, changed
| from the executOry to the ordinary ioriht
against w. b. Robertson, the maker OF inc
! note and his wife, to whom the lahd mort.
gage had been transferred in part payment
OF her Judgment against her husoaho' priol
| to those proceedings.
From "A Judgment against the husband lor
the amount of the note, and against potil'
recognizing the mortgage on SAID Lana, the
wife alone has Appealed.
Judgment of the district court reversed
and set aside, so far as affects the property
OF Mary Jane Robinson, and that there be
Judgment in her favor ON plaintiffs demand
Tor the seizure and sale of said property.
Howell. j.
Carl COIN VS.. 7. G. Davidson-Appeal
from, the district court. parish of Living
ston. Judgment appealed from reversed,
and plaintiff allowed Judgment against de
PENDANT i'll the sum of $1,000. Howe. j.
William Silliman. ct ais VS.. John }. Mills,
ct als-Appeal from the Seventh District
Court. parish of Pointe Coupee. Judgment
affirmed. WHY. j.
State of Louisiana, ex rel. Henry Train,
". &. NJ. Wicklitie. Auditor, and A. Dubu-
clet. State Treasurer-Appeal from the Fifth
District Court. parish of Orleans. The re-
lator brought this action January. 1870. to
compel. by mandamus, the Auditor and
Treasurer to receive only lawful money OF
the nitcd States. for taxes, and to set aside
Il special fund to pay the officers whose
salaries are fixed by the constitution. There
was Judgment for the relator. and the State
has appealed.
The question of receiving only lawful
money. and not warrants. for taxes. has in
this case ceased to be OF any practical i'll
tercst. since by act of March 10. 1870 il is
provided that only lawful money shall be
received
With the legislation that existed at the
time this action was instituted, we do not
think the duty OF the respondents to per
form the acts which the relatOr desired to
have performed was 50 clear as to authorize
the summary remedy of mandamus. The
motion to dismiss is not well founded. Judg.
MINI iCNCISCu BCtlliOA uibHIisSSu.
Howe. j.
State of Louisiana vs.. George Clark-Ap-
peal flom the district court. parish of
Rapides. The defendant having been i'll
dicted and tried for murder, found guilty.
without capital punishment. and sentenced
to hard labor tor life, has appealed. Judg
ment affirmed. Howe, j.
Louisiana Canal and Banking Company
vs.. Mrs. Sophie L. Martin-Appeal from the
Ninth District Court, parish of Rapides.
Judgment appealed from annulled, and the
case remanded for new trial. Wyly, j.
j. {. Van Wnkle, executor, ETC., VS.. Mary
Calvin-Appeal from the district court,
parish of Pointe COupee. The question in
this case is whether or not a testamentary
executor can sue to set aside, as simulated
and fraudulent, an act Of sale of real prop
crty made by the testatOr, and have the
property declared to belong to the success
sion upon the allegations that said sale was
made to hinder and delay the creditors-the
executor being one individual -that there
are debts amounting to several thousand
dollars. and that, although the deceased
held lucrative office, he, the executor. has
been unable to find any money or obtain
possession of any property whatever, except
ii small quantity of mOvables, inventoried
at about S3o0.
The court holds that the sale attacked is
Just as much the act of the deceased as the
viii through which the plaintiff derives his
and authority. Judgment
affirmed. Howell, j.
Jacob L. Payne VS.. Bddy Graham
Appeal from the Thirteenth Judicial Dis
affirmed. Taliaferro, j.
Mary b. Waddill vs.. Payne & Harrison
Appeal from the Thirteenth judicial Dis
tricr parish of Madison Judgment
affirmed. Taiiaterro, j..
Heirs of Il. A. Landry VS.. August Levcrt,
ST.. ct al.-Appeal from the Fifth Judicial
District, parish of Iberville. Judgment
Taliaferro, j.
\. O'COnnor vs.. Police Jury of Pointe
Coupee - Appeal from the district court,
parish OF Pointe Coupce Judgment
affirmed. Howell, J.
State of Louisiana VS. Laurent Frank.
appeal from the Fourth Judicial District.
parish Of st. Charles. On an indictment OF
murder. the defendant was tried and con
victed of manslaughter, and being sen
fenced to the Penitcntiary for ten years,
has appealed.
ON motion for new trial, it was shown
that there was a separation of the jury
twice during the progress of the case. In
capital cases it is well settled that jurors
are not permitted to separate and that up
"a
always be presumed. State VS.. Hounsby.
, X. 54l: State VS.. Crosby, 4 A. 435; State
IS. Evans. II A. 32l.
1t is therefore ordered that the Judgment
appealed from be set aside and annulled.
inG that this case be rcmandei for a new
rial. WHY, j.
Lewis Mansion g. Co. vs.. HOrner, Rex &
rracy - Appeal from the district court.
parish of Tensas. Judgment affirmed
Howe, j.
}. '. Sewer vs.. Succession of Gordon -
Appeal from the district court. parish OF
Irn>as. The plaintiff being a Judgment
creditor, proceeded by rule against the
executor of Gordon to show cause why sue
.csson property should not be sold to sat
Sty that judgment, the rule was made alb
,olute, April %, 1870 and the sale of sue
.eSsion property ordered in amount sutfi
lent 10 satisfy the judgment of plaintiff
The executor has appealed. The decree Of
The court below must he avoided for want
IF jurisdiction. The matter 10 dispute was
probate in character. 1t concerned strictly
he settlement of tho succession, aud be
on ged to the parish court. Judgment an
luiled and the rule dismissed with costs
Howe, j.
Robert +. Tietgens, tutor, etc, vs.. sue
:cssion OF kautcr, etc.-Appeal from the
district court, parish Of Jefferson. Appeal
dismissed. HoweJ.
Orens Capmartin vs.. Police Jury of
from the Ninth Dis
trict Court parish of Natchitoches Judg-
ment reversed, and dccreed i'll favor of
plaintiff. WHY, j.
\. Miltenberger vs.. estate of James W.
Pipes-Appeal from the district court, par
l>h of lbervile. Appeal dismissed.
Louisa Lane VS.. &. Roselius ct a!.-Appeal
from the district court, parish Of Natch-
foches, on rehearing. Ordered, that the de-
rree heretofore rendered by this court he