The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1872-07-22

ceeetlhSs OF Il court OF competent juriS-
dlction admissible to prove whatever
can properly be established by such
proceedings. Judgment affirmed, with
costs.
b. +. Smith rs. J. G.. IIuey, Shift ct
attorney cannot make atiida-
Wit to procure an injunction when his
client is in tho parish. Sale not real.
Judgment reversed; sale declared SIM
ulatcd and null.-Smitll and surety
condemned to pay $50 damages and
costs.
JUSTICE WYI.EN.
G. Il. Alter VS.. Est. of II. Mailman.
Question: Can the executors of an i'll
solvent estate defeat pending action,
to which they We're parties before their
discharge was granted by the Probate
court, said action pending in the Dis
trict Court. Court thinks not. Rev.
G.. 1872, 1878. Art. 1876. Judgment
affirmed.
J.T. Phifcr vs.. w. j. Bowman;
Pico l. Co. Observation-Disclosures
cannot enforce a privilege for moro
than 800, the amount of their recor-
ded agreement as furnishes of supplies,
although receiving cotton to- the value
of $1s3S. Acceptance Of draft and
charge for implements must yield to
privilege of lessons. Judgment affirm
cd.
w. S. Springfield VS.. l.. S. Berry
and Sheriff-Wherc 4 citation served
on attorneys, not shown as. having au
thority to receive service in II case of
injunction; held that Judgment render
ed against defendant is null Case re-
manded.
Marcellin Gillis VS.. r.. J. Young
Plea of prescription is regarded rs an as
signment Of error. Plea Of prescription
not good when citation is served be-
fore five years after date of maturity
When no note of evidence re-
tanned, the presumption is, that the
Judge of the court below acts property
ment affirmed.
a. S. Pipes VS.. a. n. Gardiner
An appeal bond for Il suspcnsivc appeal
is not sufficient when tho amount docs
not exceed Onc-half the amount OF the
Judgment; nor for dcvoIutive appeal
when no amount is fixed by the Judge.
Appeal dismissed at appellants, costs.
Sue. of Payne on opposition of a Cred
itor to be appointed Curator.--Oppo-
sing creditors asked to have the Public
Administrator appointed, instead of
the creditor r. II. Todd, as Curator
Held that as tho Public Administrator
was not a party to tho suit, the prayer
was properly denied. Judgment af
firmed.
G. w. Irrelevant, tutor, ct al. KS.
Frank Miles.-Parrol evidence received
to establish facts, when not cNccptcdto,
must have effect. G. j.. t1S7, 7SS and
1879. Judgment affirmed.
JUSTICE HOWE.
Hugh Noungur vs.. G. u. I.Outh ct
ALTA wife has no power to alicnatc,
but abundant capacity to acquire, FOR
the community Where the husband
and wife executed 4 mortgage on real
estate, the property, by purchase, Of
the wife after marriage, and by the
death Of the wife the property descend
cd to a child of the marriage, and the
child dieing, an undivided onc-eighth
Of the property was inherited by the
father: Held that that bnc-cighth was
subject to the mortgage given by the
father.
State vs. W. +. Moore ct nl.--Whcrc
appeal is taken from Il judgment OF $500
on Il bail bond, neithcr interests nor
costs can be included to increase the
amount of Judgment appealed from.
Appeal dismissed.
G. y. Richardson, Admir- ys. J. Il.
Sfnftf.-Causc rcnundcd for further
proceedings, at appellcc's costs.
G. T.. Dobyns w J. 8. Johnston
Where the testimony of !, witness resi-
ding in the parish where Il case is tried
is taken by commission in another par
ish, 4 motion to strike out, Will not
be sustained. "Thc right Of personal
attendance is Il very important ono,
for obvious rcasons.' Cause rcmandcd,
of O1ajntitfrs postS