New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-08
| intervenors reversed, and against defend

intervenors reversed, and against defend
ants in solido.
BY JUSTICE tAL1AFERRo.
No. 1919. State OF Louisiana ex rel P.
Leonard, public administrator, VS.. William
| NJ. Prescott, parish judge, Plaquemines
| parish. Judgment for plaintiff.
No. 1880. State of Louisiana ex rel James
! Marais, appellant, VS.. Taylor Beattie, judge
Fifteenth Judicial District. A mandamus
will not issue when the applicant mas an
| adequate remedy by appeal. Rule dis
| charged az REALTORS cost.
No. 1872. Jules A. Florat vs. II. n.
| McCrea, appellant.-FrOm Second Judicial
| District. Judgment affirmed.
| No. 1913. John Henderson VS.. Merchants
| Mutual Insurance Company.-In this case
| as the former decision OF TINS court was re-
| versed by the Supreme Court Of the United
| States. the court orders AID DEGREES. as toll
| lows: The surplus OF the proceeds OF the
| sale OF the property OF Joseph Menard be
| paid over 10 John T. Delmar; the lDjunc-
ton be perpetuateG; :he defendant pay
| costs.
| No. 26I2. Mrs. Ann Smith VS.. Louisiana
| Mutual Insurance Company, appellant
| From the Seventh District Court OF Or
| leans. Rehearing. Decree amended; costs
| to be paid by appellee.
No. 2Si4 NJ. n. kadOvitch vs.. A. Ii. Sic
ward and A. P. Kn, appelIants.-Froln
| Seventh District Court. Judgment TOR
plaintiff reversed.
No. 44j5. State of Louisiana eX rel. St.
| Charles Street Railroad Company VS.. John
| Cockrem. city Administrator, appellant
From Eighth District Court. Judgment
affirmed. -,
| No, 1919. Succession OF Edmund Hogan,
! Peter Gallagher, appellant.-FFom Second
District Court. Case remandeG tor further
| ,rocapGipUa according law
BY JUSTICE HOWELL
State Of Louisiana vs.. Oscar BIrns.-
| From First District Court OF Orleans.
! Assignment or error, that the defendant
| anDlication for new trial should have been
| disposed of. The record shows this was
waived. besides receiving sentence was a
material disposal Of the application. The
! objection tina, the civil sheriff should FUR
| nish list of Jurors we think is an error.
The criminal sheriff being sheriff OF the
| parish of Orleans by the constitution az
much as the civil sheriff, the ruling OF the
nudge below was correct. The Judge dld
not err in charging that the law presumed
the sanity of every man, and that 1t de-
volved on the prisoner to satisfy the jury
by preponderance of proof that ne was
insane. Judgment affirmed.
| NO. 4G2S. State of louisiana eX rel. ). ID
Dixon, tutor, VS.. Judge of Fifth District
Court of Olleans.-Wrt of prohibition de-
MED
No. 1894 Mrs. 4. N. Jennings VS.. Mrs. F
NJ McConnico.-From Fourth District
Court of Orleans. Rehearing. Jud gment
dismissing the appeal so far as 10 }. z
Fowler reversed.
No 4OI5. William Durbridge, appellant
vs.. George Albau.-From Sixth District
Court of Orleans Judgment affirmed
No. AGO. NJ. A. Southworth VS.. city OF
New Orleans, ppeuant.-Judgment al
tirmed.
No. 1905. Charles Matrigant VS.. Pierre
Drfert, Observation-Disclosures affirmed.
No. 1878. Thomas Kleinpeter VS.. Pike. La
peyre & Brother, appeilants-FTOm Seventh
Distric, Cours Ok Orleans. Appeal dis
missed.
No. 2Sij. Alfred Marchand vs.. Alfred
! Kearney, appellaut.-From the Seventh
District Court. Judgment affirmed.
No 4G26. Charles Ripinski VS.. h. Jacobs
From the Fifth District Court. Notion t
dismiss appeal overruled.
No. 45O7. Victor Naurin e. az. VS.. Charlie
Smith, appellant. From the Fourth Judi
cial Distric, Court. Judgment affirmed.
BY JUSTICE wYLY.
No. 1859. State OF Louisiana e1 .el. DC
tave Reggie appellant. vs.. the judge OF tht
Fourth District Court. Writ OF prohibition
made absolute.
No. 1924. E. Newman & Co., appellants
vs. John Smoker ct aI.-FrOIn the Seventh
. District Court. Judgment affirmed.
No. 407I. State of Louisiana, e1 rel
board OF assessors. VS.. James Graham. ap
pellant.-From the Eighth District Court
The REALTORS filed motion TO dismiss The
arpeal Attorney General Belden consent
ing. Attorney General Field withdrew th'
consent, as he had d right 10 do. Motor
| 20 dismiss appeal denied. Mandamus dis
, allowed and all demands Of REALTORS re
No. 2SiO. Crescent City Bank VS.. II
Kendall. cashier, appellant.-Fron tL'
, Seventh District Court. Judgment amended
; by reducing the demand OF s3I,s.- u o.
$GJli %.
, No. 45a3. Mrs. Amelie Richard, appel
liant, VS.. Pierre BruneJ.-FrOm the kIttl
Judicial District. Judgment affirmed.
No. 1868 Herman Job vs. Franklin
Heuer. appellsnt.-From Fourth Dlstric
} Court of Orleans. judgment annulled.
No 1867. Timothy Mccarthy VS.. Louis
, lana Mutual Insurance Company, appellant
Judgment annulied and case renanded.
No 1915. S. II. Kennedy II Co. VS.. Jane
Reynolds. appellant. Judgment affirmed
. Mr., Justice Morgan was recused in this case
Nos. 1913 and 4J0l. Mrs. Anna +
Drouett vs.. Francois Lecroix and &.
Sauvinet, appellants.-From the Fifth Dis
trict Court. Motion to dismiss appeal dc
? MED.
No. 45jS. State of Louisiana e1 rel
Henry Shorten VS.. board Of selectmen o
BATON Rouge, appellants-From the Flftl
. Judicial District Mandamus TO compel de
PENDANTS TO issue certificate OF election L
plaintiff as mayor made peremptOr.
in lower court. Issuing certificate Is no
merely ministerial duty. The respondent
were authorized 10 consider the returns
Under the eighth section of the city charte
, | the board can exercise their discretion
Their action is not conclusive, ana III
remedy is not by mandamus. Judgmen
annulled.
No 1881. Joseph Leblanc, appellant, We
Louis s.. Germain.-Fr0m Second Judicia
District. Section 69l Revised Statutes, eX
emptng homestead from seizure, may b.
pleaded in bar of the foreclosure OF con
yeniional mortgage. Judgment annuiled
, BY JUSTICE MORGAN.
No 29Il. j. G.. Becker VS.. Joseph Ry
| back, appellant.-FrOm Fourth Distrlc
Court of Orleans. Judgment affirmed.
No 1899. Mateo AzcoDa, appellant. rs
t Manuel y Vsga.-From Fourth Distr.c
1 Court of Orleans. Judgment atiirmed.
No. 4jlS. State OF Louisiana ex rel re
: corder OF mortgages. appellant. VS.. Charlie
8 ; Clinton. Auditor. Ii the State owes tn
recorder OF mortgages Tor entering deeds
the remedy is not by maldamus. Jadgmen
affirmed.
No. 1916. John De'hOnde vs. J. J. 3
Kirk. appellant.-FrOm Fourth Distric
; Court of Orleans. Judgment affirmed.
No 1913. State Of Louisiana ex rel. a.
. torney General on information J. T. Michel
: appellant. VS.. B. Campbeu.-From Superio
| District Court. April 1, 1870. Campbell
! was elected recorder of the Sixth Distric
! bv the Council. TO serve two years. Hi
l term consequently expired April /. 1877
!. ! Lho Gn1.arunr q n1tni nted Michel Sentelnhe