New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-05
Present-All the judges.
The following opinions were rendered:

tO0'0 testimony, Ll6C E0 overheard 6Oml6-
sions of the accused was overruled on The
OF proving that the confessions were pro-
cured by undue influence, and because the
brickbat, etc., were found as described.
We can not agree with the learned judge in
either proposition. Before any confession
can be received it must be shown To be vol.
untary. Green. Ev., section 2l2. This was
not proved. The statement Of facts does
not satisfy rs it was voluntary. 1t should
have been rejected. IS A.. l9l. Ga the
discovery of the evidence in colseGlehce
of information from the accused. it wor Id
not be competent TO show he hid it there.
See Green. Ev., section o3l; Phil. Ev. all.
In the present case it was the confession it.
self that was objected to, and it should
have been rejected. Whether the finding
of the brickbat. stave pile and other facts
corroborate the confession or not is imma.
terial in considering the Rdmissibillty of
the confession. Verdict set aside and case
remanded.
No. 6436.! George c. Norcross vs.. William
District Court. Motion to dismiss appeal
ON the ground that the case is not suit
but q proceeding to recover possession of
property purchased at a tax sale. Plaintiff
Just sued to be declared the owner and put
in possession and amended by praying only
to be put in possession. This is q suit aad
al appeal lies. Motion overruled.
BY JUSTICE HOWELL.
No. 1914. Jean Auguste Lshargue. ap-
pellant, vs. Eugene Waggaman, etc From
Fourth District Court. Motion to dismiss.
Injunction to restrain sale on tieri facias.
Proceedings we're suspended on q rule to
show cause and on hearing the Injunction
was refused. This is final judgment on
the iseue and the Judgment must be signed.
C. P. SAG Appeal dismissed.
No. 6325. N. Bienvenu vs.. Factors and
Traders Bank and John A. Morris, appel
lant-On an agreed statement IF facts.
The appeal was made returnsble NJ arch 20,
1876 An extension was granted to April
IL. II was not filed then, and DO extern
sion could be had because the court ad-
journed April Is to the first Monday in
May. There are no days of grace. The
extension under c. P. 1888 is simply a
pOstpOnement. The presumption is all the
time required has been granted. Appeal
dismissed.
No. 1919. Zalm IN Taylor VS.. D. Il Car
roll, appellant Fifth District Court.
On rehesring. Judgment undisturbed.
BY JUSTICE WYLY.
No 645l. State ex rel b Barthe vs.. Judge
of Superior District Ccurt.-Ths is an ap-
plicatlOn for a mapdaDus to compel the
Judge of the Superior Dis trict Court to grant
relator suspensive appeal from HE inter
locutory judgment refusing to ALLOW relator
to release on bond pursuant to G. p, 3o7,
the Injunction which one Martin Lannes OBJ
tailed to restrain relator from pursuing the
operation Of private market or the selling
of fresh meat, fish, poultry, etc., within
twelve squares Of publio market. in viola
ton of act No 81 Of 1874, known as an act
to regulate private markets in the city OF
New Orleans.
1t has frequently been held that an ap-
peal will lie trOm an order refusing TO allo "
the release on bond under G. p, 307, Of an
Injunction.
Relator had the absolute right to an sp-
peal from the Judgment of which he COM
plains, and it was the duty of the judge to
grant it. C. P, 573. Mandamus made
peremptory.
No. 1872. Mrs. Nancy L,tspeich, ap.
pellant, vs.. Dr.. Jsmss s. Copes Mrs
Lotspeich insured her husbands life and
assigned the policy. She died before him.
1t was her property, and could be assigned.
1t belonged either to the community or
one or the other of the epouses. c. c 1884.
Simmons. &c N. Y, Is, has no bearing,
being only an Interpretation Of N. Y.
statute. Judgment affirmed.
No. 5l99. Il. 8. Welham Va. James G.
Lingham, appellsnt-FrOm Fourth District
Court. The defendant should not have
violated the lease. but followed c. c., 1854;
3 R SO AR, 428; A., 760.
No. 6435. Edward Hansen vs.. John Riga
mer. appellant.-From Superior District
Court. Decree OF possession of property
purchased at tax sale. Rule to dismiss
appeal denied.
No. 5l99. Francis c. Mahan VS. Flward
B. Benton, appelant.-FroIa Superior DIS
trict Court. The order of anexp pert Oh the
Loan and Pledge Association was inprovi-
IDENTIFY granted. because an appeal was
pending; the order of seoues.ration was
wholly illegal. Act No. 2i2, section IA, of
1868; G. P pa. Judgment annulled.
No GIL. Josephine johnson vs.. Clark &
Meader ct ais, appellants-From Fourth
District Court. Case remanded.
No. 1868. o. L. Blanchard vs.. Maximillian
Kenison. appellant.-From Fourth District
Court. The loss resulted from an accident.
Unconventional demand rejected and judg-
ment affirmed.
No. $3.50 Pierre Montegut VS.. F. j. Her,
ron, recorder, cts. city Of New Orleans, ap-
pellant-From Superior District Court.
The city's interest in the tax liers and
drainage tax liens exceed $500. Motion 10
dismiss denied.
No. 63S5. Laura Grivot Va. Rufus NAPLES,
appellant-From Sixth Distrjcc Court Ia
the order Of appeal the amount for the
bond is net fixed. c. P, ST; % A. 2OS.
Appeal dismissed.
BY JUSTICE MORGAN.
No. 636S. State ex rel Eugene Seube vs.
Mayor and metropolitan Pollce-M andamus
for q suspensive appeal from Judgment dis
missing Injunction. The amount does not
exceed $500 Rule denied.
No. $500. State ex rel. William Wrinkle.
man vs.. judge Of Superior District Court
Where rule has been taken to show cause
why an Injunction should not issue. and the
Judge passes upon that rule, his decision is
subject to our revision. The amount ex-
ceeds $500. Rule for mandamus made per-
No. 1886. Russell & Hall vs.. Ellen Ike efe
ct al, appsIlant-From Sixth District
Court. The allegations were sufficient. Il
Is enough that the irsue as complete as to
appellant. = Hen. Dig, 1884 sec. ., No. l.
1t is not shown that objections were made
to the day Of trial as being for unappeal-
abls cases only. The title was not re-
corded. and M. Lacey continued in posses
sion. The burden of proof that the sale
was bona tide is on him to whom the prop
erty was transferred i'll controversy with
creditors. G. c., 1921, 2lS0 There is no
evidence of good faith. IL A., 800; IL A,
l63; Is A.. 4, $50 Judgment affirmed.
No. 6303. Thomas P. Gu ~ vs. Llambias
& Dockter, experimentation Sixth Dis
trict Court. The exceptions are frivolous.
Judgment affirmed, with ten per cent dam
ages.
No. 6333. Mrs. Reucke Mohrbeck ct TX.
vs.. Michael Meilleur, appellant - From
Sixth District Court. An extension of time
should have been ssked for; the non filing
of tho transcript was the fault of the appel.
LIANT ADDoal dismissed
No. 6387. Board of Health vs.. NJ. A.
Southwolth, appellant. = From Second
Judicial District. Motion to dismiss re.
fused.