New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-14

Il66 Oh OIdWCA VA AAOSO VA WSAb Va AOeiOO
| of dishOnor held good,
T. B. Geren VS.. ,Gruber, tax collector
The original assessment list must control.
The court has no Jurisdiction over the
question OF excessive valuation OF property,
after the delay given to taxpayers to cor
rect their assessments has expired, if it
ever has.
property OF q delinquent Taxpayer sthe
mode Of seizure provided by the statute.
Judgment reversed, and injunction dis
solved.
Julia A. Lewis VS.. Winston, Morrison &
Co.-Where an Injunction bond is signed by
husband to aid and authorize the wife to
sign it; held, that it is sufficient proof that
he authorized the Institution of the suit.
In an affidavit for injunction it is sufh-
Gent if the affiant swears that ''the facts
and allegations in the petition are true;''
the word .'all'' before true is not essential.
Judgment affirmed.
F.C. &T.D. Manning ve II. c. Glasson.-
An appellant from q judgment on a verdict
| must show an unsuccessful attempt for a
new trial below before coming before this
court. Judgment affirmed.
j. Christian VS.. H. +. Vickers.-Pla intiff's
answers on facts and articles must prevail
over the unsupported testimony Of the de-
PENDANT. Judgment affirmed.
A. 3. g. N. 3. Thomas vs.. H. Fuller
Judgment affirmed. The appellee waived
damages by asking for an amendment of
the Judgment.
Peter James VS.. NJ j. Lewis and hus-
band-The husband gave his note to plain
tiff for services rendered in the hotel of
which the wife is prOprietress; the husband
had the management as agent iOr his wife;
she never repudiated her husbands act
until suit was brought, and as she lived in
the hotel, it is presumed she was informed
of note: held, that the wife is bound. judy
ment affirmed.
BY JUSTICE TALIAFERRO.
Jacob Hoss vs. Nc civilians, executor
The wife who has by formal act received
from her husband one-half the rents and
revenues Of the property Of the husband,
can not prevent the sale OF property mort
gagged subsequently, to a creditor of the
husband. Her rights being usutructuary
are not effected by sale OF the ownership;
they can be enforced against the proceeds
Of the sale. Judgment reversed, with ten
per cent damages.
Mahle ct al VS.. Elder ct al.-Where a
tutor, authorized by family meeting, re-
proceeded to vend or property sold by him
to the minors ancestors, and the clerk au-
thorized the retrocessiOn, and proceedings
were in due form and hOmOlOgated; held
that the interest of the minors was legally
Invested.
Succession of E. Hart; opposition of
Public Adminisrrator.-Five per cent COM
mission on the appraised value OF this es-
tate is extravagant. The administration
was nearly complete, at cost OF two and
half per cent, under previous administra-
lions. Public administrators were not
created to he spectators of SUGGESTIONS.
Judgment for $il9 so.
N. B. Adams VS.. B. H. Dinkgrave.-An
implied inhibition exists against the ex-
emption of property from taxation not
actually used" for school, church or
charitable purposes; but the omission OF
the Legislature to tax such property, or its
exemption, does not invalidate the levying
Of taxes upon other property. Such ex-
empted property is liable and may DE as
sessed, if the exemption is contrary TO the
constitution.
"Section eight OF act No. AZ Of acts Of
1873, prohibiting e delinquent taxpayer
from bringing a suit, or being witness, is
viOlative Of article ia of the constitution,
and void, the object not being expressed IN
the title of the law"
Judgment annulled. and Injunction dis
solved. The land being forfeited 20 the
State, the 100 per cent damages asked Tor is
not allowed.
Mollie E. Livingston vs. D. C. Morgan.-
Defendant required to transfer the title to
the land in controversy to plaintiff on ten
dering to him his note with amount paid
thereon, or the whole price, if defendant has
paid the note; and defendant to have judg-
ment for professional services for 1885, Is,
and for 500 in gold.
j. T. Hargrove vs. Flourkoy, sheriff. ct al.
Plaintiff borrowed money OF one OF the de-
PENDANTS, purchased residence and mort
gagged the same to secure the payment OF
his note. He enjoined the execution OF the
mortgage, pleading the benefit of the home
stead act. This act was intended for farm
ers and not, as commended, for those having
Judgment affirmed with ten per cent gene
raj damages.
Stafford, tutor, vs.. Pearson & Williams.
Tobacco, whisky, cards, perfumery, etc.,
are not necessary supplies. Judgment re-
duced by 1919 SO, plaintiff TO pay costs of
appeal.
Heirs of M. W. Ashley VS.. A. Riser ct al.
Plaintiffs all being Of age or emancipated
when their attorney issued Iieri facias and
collected the money. and not having disa-
vowed his authority to represent them. are
estopped from denying the validity OF the
Judgment, which is affirmed.
. BY JUSTICE HOWELL.
Angelina Rentz ct al. VS.. X. Cole.--A sur
viving husband, holding under the law as
usufructuary, can not be called upon for an
account. A sheriff of different parish
from the one in which the suit is instituted.
can not be required to serve civil process
IN his own parish which has emanated from
the parish where the suit was instituted,
without being paid in advance the fees
established by law for such service; not
withstanding a deposit of $40 with the
clerk in the parish where the suit began,
and notwithstanding he was authorized to
draw on New Orleans merchant for his
fees. In cases like this, deposit must also
be made with the clerk, where papers are
to be served, and failure to serve will not
make the sheriff responsible for the loss of
debt by prescription ensuing from such
failure
j. w. Jones We. parish Of Caddo.-Plain-
tiff recognized his successor in office, and
the authority of the police jury to appoint
him. Plaintiff claims he was legally in
Office all the while. He has no legal right
to set up.objections of this kind now. Judg
ment for plaintiff, by agreement, tor $66l sc;
plaintiff paying costs.
State ex rel. Vaughn, District Attorney,
vs.. S. r. Richardson.-The mayor of Homer
has salary of $500 with no other fees; but
the charter provides he shall also act as
justice of the peace. The court below held
that the amount in dispute did not exceed
$500, and the suit was dismissed for want
of jurisdiction. Plaintiff claimed that the
mayor is entitled to fees as Justice of the
peace, notwithstanding the words of the
charter that his salary as mayor is fixed at
$500 and no more. The court held that
this construction of the charter is unten-
able, and affirm the judgment of the lower
court.
Succession of Mary Gee.-The appoint
ment of the public administrator to ad-
minister was erroneous there were no
debts against the succession; heirs were
and clamorous to be put in