The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-05-16
Court, parish OF Orleans. -Judgment

UouI., parish u Oileaus'-' Jug 'nen' :
No. 1894. Mrs. Mary Powls VS.. N. b.
Cook and p Goldstein. Jeannett Gold
stein intervenor and appellant. Appeal
from the Sixth District Court, parish OF
Orleans. 1ntervenor enjoined the sale
of certain goods seized under execution
against defendant, her husband, on the
ground that they had been transferred
to her by him in satisfaction Of a judg-
ment in her favor in suit against him
for separation OF property. The creditor
of the husband can require the wife to
establish the verify of the judgment OF
separation obtained by her, nor is she
precluded from introducing other proof
in support Of her judgment. The evil
dence fully Sustains her demand i'm this
acknowledgement reversed.
No. 1888. Leon Godchaux, appellant,
VS.. Union National Bank. Appeal from
Sixth District Court. parish OF Orleans.
Judgment reversed.
No 1888. Peter HeIlwege, appellant,vs.
Hibernia National Bank. Appeal from
Sixth District Court, parish Of Orleans.
This suit, to recover S4l50, the amount
Of certified check on defendant, is re-
sisted on the ground that the check GER
titled was for Sal, and was fraudulently
raised by the drawer after certification.
Plaintiff acquired it on the day on
which it purported to be drawn, in due
course Of business, and the drawer be-
ing enabled to perpetrate the fraud by
the negligence OF the bank in certifying
a check 80 written as to leave blank
sufficient space between the words ii
and dollars to allow the insertion OF the
word fifty, it must bear the loss.-Judg-
ment revers I'D.
No. G3lI. State Of Louisiana, cx rel.
A. II. Carbon, VS.. Judge of Superior Dis
trict Court. ~ Mandamu5 made peremp-
tory
BY JUSTICE HOWELL.
| No $3.50. Fannie c. Bienvenu VS. Leda
Prieur ct al, appellants. Appeal from
Fourth District Court, parish OF Orleans.
The transfer of property by the hus-
band to the wife, in satisfaction Of
| judgment OF separation in her favor,
with the assumption by the wife of the
balance due the vendor is null, she being
utterly incapable of assuming her hus-
bands debts Where such a transfer
has been made and execution issued un-
der Judgment against both husband
and wife, the latter having no title to the
property cannot en- join the sale, neither
can she be personally bound by the
! judgment. Nor is she estopped from
pleading the nullity of the judgment rs
to her after her husbands death, by the
fact that prior thereto partial payments
have been made on the writ issued
against both. Judgment amended,
annulling the judgment as to plaintiff
and dissolving the Injunction.
No. 46i8. Meeker, Knox & Go. VS.. G.
Carlos, appellant. Appeal from Sixth
District Court, parish OF Orleans.-Jndg-
ment affirmed.
No 1878 Boston Betting Company,
appellant, vs. e. NJ. Ivens & Co. Appeal
from Sixth District Court, parish Of Or
leans. The exemption from seizure by
art GA G. p, of tools and implements of
trade, does not apply to the machinery
and implements of a large factory en-
ploying number of hands, but covers
only those which the debtor requires for
his own manual labor in the trade by
which be earns a living Judgment
reversed
No. 1913. Heirs of John Slidell vs..
VIM. Grant, appellant, and Citizens
Bank, called in warranty. Appeal from
the Sixth District Court parish Of Or
leans Judgment amended in accord
ance with consent Of parties.
No. 1898. New Orleans National Bank,
appellant, vs.. John s. Wells ct ais. APP
peal from the Fourth District Court,
parish Of Orleans. This suit is against
ecuted in favor Of ''the President
and Directors of the New Orleans
National Bank" conditioned upon
the faithful performances Of the
duties of paying-teiler by the de-
PENDANT Wells. The exception Of
no cause Of action, the bond not being
given in favor Of plaintiff, is not well
founded, it being evident that 1t was
executed in favor of the President and
Directors in their official capacity and
for the benefit of the corporation they
fna nd q
case remanded.
No. 1850. Frederick FairthOrne, appel
liant, VS.. s. II. Davis, Jr. Appeal from
Fifth District Court, parish OF Orleans.
The registry of an act of sale OF real
estate under private signature does not
make proof Of its execution and has no
effect against third holders, in good
faith, unless, previous to its registry, it
is acknowledged by the parties before
notary or justice, or proved by the oath
Of the subscribing witnesses.
ment affirmed.
! No. 1858 Lcona nj. Wetmore VS.. ID. NJ
Eames, her husband, appellant. Appeal
4 from Fourth District Court, parish Of
| Orleans affirmed.
! No. 5776 State Of Louisiana, ex rel
N. Burton, ". Chas. Hicks ct ais, APP
pellants. Appeal from District Court,
parish of Carroll Judgment affirmed.
no. bOl0. II. fnldNdSO, jas. u. LuuiS,
subrogated, appellant, vs.. \. W Walk
er Appeal from District Court, parish
OF St Bernard. \ mortgage lapses
if not reinscribed in the same
manner in which the first in5crip-
ton was made. The recording of
an act of sale wherein the purchaser
assumes the payment Of notes secured
| by a prior mortgage on the property,
does not, therefore, interrupt prescrip-
tion-the original mortgage should itself
be reinscribed Judgment affirmed.
Justice Morgan dissents.
No $685. State Of Louisiana VS.. Henry
Fassmau. A. w. Cooper, defendant in
rule and appellant. Appeal from Supe-
rior District Court, parish OF Orleans.
Judgment amended.
BY JUSTICE MORGAN.
No 1927 State, ex rel. l.. G.. Roudanez,
VS.. Judge OF the Superior District Court.
NJ Il