The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-05-16
SUPREME COURT DECISIONS.
MONDAY, May Is, 1876.
Present All the Justices.

sOFMEVE NUOnH OSSsSsVA'''
MONDAY. May Is, 1876.
Present All the Justices.
BY THE CHIEF JUSTICE.
No. 631G. The State Of Louisiana, ex
rel John Kline u Co, VS.. the Judge OF
the Superior District Court for the parish
az Orleans Mandamus made peremp-
tory. ,
NJ. Mulvey, ct ais, appellants. Appeal
from Superior District Court, parish OF
Orleans. The judgment on the merits
was premature, no answer having been
filed or trial had when it was rendered.
Judgment reversed and case remand
ed.
No. s3l5. State Of Louisiana, OK rel.
jacques Charbonnet, vs.. Geo. b. john
son. Auditor of Public Accounts, appel
liant. Appeal from Superior District
Court, parish of Orleans. The appro-
priations for the years prior to 1875
being exhausted relator, a veteran of
the war Of 18i215, can be paid only
the amount OF his pension for 1875 out
OF the appropriations for that year His
claim to the pensions for former years
is not, however, extinguished, but his
relief must be provided for by the Legis-
Iature by proper appropriations Judg-
ment amended by making the man
damus peremptory to the amount Of
$40, the pension for 1875.
No. 476s. Thomas A. Archer, lqui-
dator, ETC., ys. Jas. w. Fee, appellant.
Appeal from Sixth District Court,
parish OF Orleans. Judgment reversed.
L. Byrne, appellant. Appeal from the
Fifth District Court. parish vi Orleans.
Judgment affirmed
No. 1895 Valcore G. Hough vs.. The
New Orleans and Carrollton Railroad
Company, appellants. Appeal from
Superior District Court, parish OF Or
ieans.-Judgment reversed.
No. 61sl. City OF New Orleans, appel
liant, We. st. Patrick's Hall Association.
Appeal from Superior District Court.
parish Of Orleans. Under article 118 OF
the constitution, only property actually
used for charitable purposes IS exempt
from taxation. Neither the State nor
the city can exempt the property Of
a charitable association rented as stores
or ball rooms, though the revenues de-
rived therefrOm are applied to charitable
purposes j Judgment reversed.
No. 1894. Philip Schoen vs. Mr.. and
Mrs. Heller and Hugo Redwitz appel
iants. Appeal from Fourth District
Court, parish of Orleans. Appellants
having moved for suspensive appeal,
ti!ed a bond more than ten days after
the Judgment was signed. No amount
for a bond was fixed by the Judge, and
the bond for suspensiye appeal was
fled too late Appeal dismissed.
No. 1881. Carl Kennengeiser VS.. Louis
Juncker ct al, appellants. Appeal from
Superior District Court, parish OF Or
leans. This is petitOry action where
estate which he alleges he purchased
and, by agreement with defendant,
Juncker, had the title placed in the name
of the latter, who executed the notes for
the credit portion Of the price. Parole
evidence cannot be received to prove
the private agreement between the par
ties by which defendant agreed to take
the property in the name and for the
benefit of plaintiff; in other words, T.,
prove title to real estate Judgment re-
yersed, Justice Morgan dissents.
No. 6153 Catharine Jones, appellant.
VS.. Joseph Henry. Appeal from Dis
,trict Court parish of Natchitoches. 4
party who removes by force a fence in
common, which separates rural estates.
80 that his neighbor's crops are injured
by the depredations of animals, is liable
in damages to the person injured
Judgment reversed and $1,000 damages
awarded plaintiff.
No. $3.50. Edward Thompson VS.. Mrs.
Rosette L. Grow and husband. Spen-
Ger Field, appellant. Appeal from
sixth District Court, parish Of Orleans
Judgment affirmed.
No. 1921. Wheless & Pratt VS.. F. NJ.
Fisk, appellant. Appeal from Fourth
District Court, parish Of Orleans. The
application for trial by jury comes too
late when made after cause has been
fixed for trial and continued by prefer
ence. On the merits, the fact that de-
fendant advanced only part OF the
price necessary to buy the gold-that is
: maroin-did not make the contract
immoral, and plaintiffs are entitled to
their commissions on the purchase
Judgment affirmed Justices Morgan
and Howell dissent as to the right OF
the trial by jury:
No. 6O3S. In the matter OF the Drain
age Commissioners OF the First Drain
age District, praying for the homologa-
ton of the assessment roll. W. j.: De
lano. plaintiff in rule and appellant.
Appeai from Superior District Court,
parish Of Orleans. The privilege and
mortgage given by the act OF 1858 creating
the drainage districts are not superior
to the rights Of the State and municipal
corporations for taxes on the property