New Orleans Republican., 1875-11-30

| Ju"So 70 PoEbonhlly lnt0re0C00 In the suit, he
shall cali upon the parish or district judge,
as the case may be. to try the case"
OBVIOUSLY the article did not confer any
power upon the General Assembly; but by
| indicating precisely how and when the
Judge shall select another to preside in his
| stead to try certain causes, it excluded
other modes of selection and other causes,
vlded TOR in section ten of act No. I24 differs
from that prescribed in article ninety, the
said section is null and void.
1t IL, therefore, ordered that the verdict
and Judgment in this case be annulled and
it is further ordered that the case be re.
manded to the court quo, to be tried ac-
cording to law.
| No 5949. State ex rel. Pat Leahy, appel
liant. vs. third justice of the pesce.-From
Third District Court. Appeal dismissed.
| No 5294. Georgina Whan, appellant, VS..
Jesse X. Irwin, tutor.-From Fourth Dis
trict Court. Rehearing. Former decree set
aside. Judgment annulled, and Judgment
Tor plaintiff against Robert Bloomer for
$4666 "a. Justice WHY dissents, and JUS
tice Howell concurs in the dissenting
| opinion.
| No. 1851. Louis Malthe vs.. the parish of
| Plaquemines.-Fro the Second judicial
District. The objections are not we'll found
ed. l2 R.; 45s Motion to dismiss denied.
| No. 575. Succession of Michael Ross
l oSRoAIy.-SppUucuto dpp6llaQLb.
original of this judgment having been duly
signed in the account. was lost or mislaid
J. g. deputy clerk is unwarranted by
| law. 1t must be proved, like any other
fact. The account WAS hOmologated, with
proof, except that it was advertised. c. P !,
| lO42; 81 A., 5ll; succession of Dorville, 27
A. Judgment affirmed.
No. 5SI4. City of New Orleans vs. E. v.
Fassman, appellant From Superior Dis
trict Court. Money collected by defendant,
| as whartinger, can not be extinguished by
compensation. HIS duties are fixed BY law
Act No. 7 of 1870, section so; A., SO, 46;
IL A., 70. Judgment affirmed.
BY JUSTICE TALIAFERRO.
No. 1896. State ex rel. Mrs. NJ. A. Pike ct
al. vs. Judge of Superior District Court
| Prohibition to prevent execution of man
damus to compel relators to exhibit the
books of the insurance company This court
is without jurisdiction. St. ROmes vs.. Steam
Cotton Press. % A., 622; Eewgass Vs. Fried
lander, 25 A., 43; "a A., l4s. Writ dis
charged.
Justice Morgan dissents.
| No. 58s2. A. L. Gusmsn vs. Mrs. Mary A.
Pike ct al, appellants.-From Superior Dis
missed.
I No. 5989. Mrs. A. Mcdonnell vs.. John Pas.
ley, appellant.-From Fifth District Court.
Motion to dismiss appeal denied.
| No. $500. Widow f. Le Franc, ex parte,
vs.. city of New Orleans, appellant.-Rule
to have Inscriptions of taxes erased. From
Superior District Court. The exception
should have been maintained. The taxes
have become judgments that can not be an
| nulled in this manner. Judgment reversed
and suit dismissed.
No. 4O35. Bogart Shall vs. P. H. Foley ct
| ais, appellants.-From Second District
Court. Decree unaltered.
1 NJ d.
Nathan ct ais, appellants.-From Fifth
District Court. Judgment affirmed.
No. 5798. State ex rel A. A. Milliken, ap-
pellant, vs.. s. j. Ward Intrusion into
| office. There is no law making a recorder
of Shreveport. Acts of March 9, 1869, and
March l6, 1870, were repealed by act No. 90
of April 81, 1871, incorporating Shreveport
The relator has no cause of action. The
mayor has not interfered. Judgment an
nulled and suit dismissed.
No. 5637. Mrs. d. A. Taylor ct ux. vs..
| sheriff ct ais, appellants.-FrOm Thirteen.
ieth Judicial District. On rehearing. De.
cree unchanged. Justices Howell and Wyly
adhere to their dissenting opinion.
No. 1920 +. Del Bondio ct al. va. New
appellants.-From Fifth District Court
The bond Is sufficient. Motion to dismiss
overruled.
BY JUSTICE HOWELL.
No. $40, State vs. j. j. Daniel.-Murder
From Second Judicial District. Indictment
in the parish of Jefferson of June l6 1874,
for the murder of Joseph L. Coke, August
to quash that some of the grand jury re.
sided in New Orleans and could not act in
Carrollton; that act No. II of 1874 annexed
Carrollton to New Orleans as the Seventh
District; that the offense being laid in JEFF
tersOn. the indictment should have been
found by citizens of that parish, and that
the Second Judicial Court was illegally
sitting in the Seventh District of New Or
| leans. The district judge considered the
act No. II unconstitutional. We think the
title sufficient, and the act changed the
Limits of the parishes. The constitution, in
requiring the objects, does not require all
the details to be expressed in the title.
Judgment set aside and case remanded.
No. 5S92, Citizens Bank, appellant, VS..
Board of Liguidation.-FromS Superior Dis
trict Court. Mandamus to compel the fund.
ing of promissory note of the Governor.
The writ only issues to compel performance
| of a ministerial duty. Section three of act
No. 3 of 1874 only refers to bonds or valid
warrants. Sections twelve and thirteen
refer to other matters. Relator is not enti-
tied to mandamus. Judgment affirmed.
No. 4078 Charles N. Prudhomme vs. Sal
amander Fire Insurance Company, appel
lant-From Seventh District COurt.-On
rehearing. Decree reversing judgment re-
mains undisturbed.
| No. 4470. Solomon Silverstein, appellant
VS.. William Durbridge.-From Sixth Dis.
triet Court. Appeal dismissed.
No. 5000. State ex rel. liquidators of Sala-
mander Insurance Company vs. Judge of
| Fourth District Court-The liabilities of
the surety in this State exceed his assets,
but in Missouri he has a large excess of
assets. Only the residence is necessary.
Fosd., ok VS.. Judge of Sixth District Court,
not reported. Writ of prohibition made
perpetual.
No. 1897. State ex rel. h. Newgass vs.
Judge of Superior District Court.-On man
damus to compel the granting of an appeal
on refusal to issue an Injunction. The rela-
tor has mistaken his remedy. No such
right has been recognized since State vs.
Lewis, NJ. 459, decided in 1890. The
relatOr is not without remedy; the Judge
has merely refused to act and grant an er
parte order. Writs set aside.
Justice Morgan dissenting, considers the
relator entitled to the writ
BY JUSTICE wYLY.
No. 576i. State vs.. George Fritz, alias
Fry and Frank O'Brien-Forgery. From
Superior Criminal Court. Exception on
the appointment of lawyer to supply the
place of the judge during sickness. C0nsti-
tuition of Louisiana, article ninety, author
ing the appointing of a lawyer to try GER
k1.. Il e - ~