New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-11-18
COURT RECORD.
MONDAY, NOVEMBER IL, 1873.

SJWR8OhOO OOoHSs
The Supreme Court of Louisiana met {
. day, with full bench.
The following opinions were rendered:
By JUSTICE TALIAFERRO.
No 478l. State ex rel. Solomon Silve
judgment was rendered against relator
: September, 1873, ordering him to vacat
premises held under q lease. An apes
was granted conditioned that relatOr pr
duce sufficient security He alleges tina
he did 80. His appeal was annulled on
rule. There was no controversy as to tn
solvency of the security, all objection
being waived. The court below was di
vested of jurisdiction. A writ of prohib
ton is therefore issued, commanding tina
. no further proceedings be had in case o
Ellis vs.. Silverstein, until the same b.
heard on appeal, and that the papers in tn,
case be sent up to this court
II No: ass. State ex rel. Accommodation
Bank vs.. Judge Of the Superior Distrc
Court.-F. C. Mahan obtained, May 9, 1873
on order from the court below to permit
him, as q stakeholder, to examine the books
of the reIator. This order was signed May
Is, 1873 The relat0r was refused an appeal
and applied to this court for q mandamus
May % the judge quo appointed experts
to aesist in the examination. RelatOr ap
piled for an appeal, and being refused ap
piled to this court for mandamus. The
judge erred. The subject matter of the
order of May % is not embraced in that Of
May ID. After the judgment of May l3 was
signed it would seem to be irregular upon
an ex parte application to render another
Judgment appointing experts applied for in
| the petition and refused in the first judg-
ment. The mandamus is made peremptory.
BY JUSTICE HOWELL.
No. Ass. State ex rel. Mrs. E. Nagel We.
Judge of the Sixth District Court.-Relator
| endeavOrs to restrain the execution of q
| judgment on the ground that she had OBJ
tanned q suspensive appeal The appellant
not having procured an extension of the
return day, the legal delay having expired,
| the execution properly issued. C. p, 1874.
The prohibition herein is dismissed.
No. 476l. State ex rel. j. Hays vs. the
judge of the Fifth District Court of Or
leans.-If, when called on, the appellarG
does not adduce proof afirmatively to show
that his surety is good. and no evidence to
impesch him Is offered. the judge can not
pronounce him Insufficient and order ex-
ecution to issue. % A. 592; @ A. ia. Some
proof is necessary to destroy the presump-
tion arising from the acceptance OF the bond.
BY JUSTICE MORGAN.
No AGA. New Orleans Board of Tobacco
inspectors vs. the judge of the Superior
District Court-Applicatio for man.
damus to compel the Judge to grant an ap-
peal. No answer being made to the rule
nisi, the order is made peremptory.
No. AVG. Mrs. Jane Darcy VS.. Judge of |
the Fourth District Court.-The reIator |
erected q high fence on her land to prevent |
her neighbor, Parle, from overlooking her |
lot. Parle brought suit for $500. Relator |
asked tor an appeal, which was refused on |
the ground that the sum claimed did |
not come within our appellate jurisdic-
ton. In our opinion the claim he |
presents is not one exclusively for an insig-
nificant sum of money. 1t is to be decisive |
of the question whether or not the proprie-
tor of house can protect himself and his
family from public view and their interior
domestic life from the perhaps impairment
overlooking of his neighbor; whether he
must have his family subjected to view the
behavior of his neighbor in his own house,
however scandalOus such behavior may be,
whenever they go to their windows, with
the alternative of being completely blocked
out from air and light; whether, in short,
man may enjoy in peace and comfort what
he has acquired by toll.
1t involves, also. the right of the owner to
build wall on his own property for his
1wn profit and convenience, without incur
ing the obligation of paying damages
therefor. 1t may, indeed, and in many cases
certainly would, involve the entire value of
he property upon which the wall or fence
8 built When, therefore, Parle attacked
Mrs. Darcy because she exercised this
light he put at issue something which in
yolved larger interest than $500. In point
# fact he set up q revolving claim for $500,
Q be prosecuted against his neighbor as
'ften as the first one should be satisfied, or
8 long as she prefers her privacy to his
crutiDy.. The rights OF property, its use
nd enjoyment, are of too much conse-
uence to be thus triAed with. Let the rule |
'e made peremptOry.
On motion of Attorney General A. P.
field, and on presenting to the court the
certificate of the clerk of the highest court |
t record OF Massachusetts, that Henry A.
Brown, Esq, was admitted as . member of
he bar of that State, he was admitted to
ractice in the courts of this State.
Superior District Court.
Charles Morgan We. Edward Tulla.-Peti-
on alleges that defendant trespasses on
ne property Of plaintiff by pulling down
'nces, etc, and grays for an injunction
First District Court. +,
PLEADED GUILTY..
State VS.. Annie johnson, murder. On .
,nsent of the Attorney General the &C
used withdrew her plea of not guilty, and ,
laded guilty of manslaughter.
SENTENCES.
Larceny-John Gonzales. eight months; I
ouis Adler, one year in Penitentiary O
Second District Court.
The following SUGGESTIONS have been :
)ened: Joseph LObranO, A. E. III. Brock
an, Catherine, wife of Jacob Hertz, Will u
am w. Cleaves, T. P. Hornberger, Paul g
elpi, James Jones.
Samuel Cohen prays to be fully eman-
pated. n