The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-11

try the charge Is competent to sentence
under this verdict. judgment affirmed
No. 5il9. Peter Joseph ys. David BID
well, appellant Appeal from Fourth
District Court. parish OF Orleans. Plain
tiff, u colored man, sues for damages fol
having been expelled from the par
quette Of defendants theatre, to which
he had purchased n ticket. There Is
nothing Unconstitutional in the acts o
1870 and 1871, authorizing the judge tf
decide such cases in the event Of the
jury disagrceing. The refusal to admit
plaintiff is in violation Of article Is ol
the constitution. and he is entitled tt
! damages. Judgment amended by re-
ducing damages allowed to $500. jus
tice Wyly dissents.
Nc. G255. +. S. Mariouneaux ct ais.
appellants, VS.. succession Of j.. ~ Ma
) rionneaux Appeal from District Court
parish Of Ibervlle. All orders rendered
in CONVERSATIONS pending the petition be
fore the notary are intcrloeutory, and
an appeal will not lie from them. Ap-
peal dismissed Justice WHY dssents
No. G232 In the matter or the success
sion Of +. n. Marionnoaux, appellant
On opposition Of j. A. Dardcnnc, ap-
peal from Parish Court, parish Of Iber-
Vile. The Probate Court may homolo-
gate the proceedings OF u family meet
ing, convened in bohalf Of Il miner, TO
deliberate on questions already advised
upon by n previous meeting touching
the advice Of which no action had been
taken by the court. judgment reversed.
No. 1926 Louise b. Williston VS..
Schmidt u Heigler, appellants Appeal
from District Court, parish OF Iberville.
The homestead laws do not prevent the
sale. in satisfaction Of the vendors lien,
Of property exempted by them from
| Ind oil
damages.
No. G22l Robert @. Hebert ct als vs..
J. II. Jackson, Sheriff, ct ais, appel
lants.-Appcal from District Court, par
| ish OF Iberviile. BY leaving the Federal
lines and joining the Confederate army,
The administrator OF the succession Of
Mrs Vaughn forfeited his trust; never
having been re-appointcd since the war,
he had no authority to represent the
succession, ana Judgments rendered
against him as administrator arc null.
judgment affirmed.
Justice Wyly dssents.
BY JUSTICE TALIArnHo.
No. G2l7. Geo. Guier, appellant, vs. Fl.
Il. Tihbetts. Appeal from District
Court, parish Of Carroll. judgment
affirmed.
No. $40 Mrs. p. Zimmerman, appel
lant vs. A. NJ. Fitch. Appeal from Sn-
perior District Court, parish Of Orleans.
| Plaintiff cannot sue to annul, as frandi
ulent, the transfer Of certain property
to defendant by &. ii. Zimmerman,
when his claim against the vendor il
uniauidated, and her petition does not
show that the debtor has not sufficient
property left. judgment affirmed.
No. G279 State cx rel, Jas. Koppel vs.
! w. i. Thompson, appellant. Appeal
| ri ~
| Orleans. The constitution Of the State
providing for the removal from office oi
! Justices Of the peace by address Of the
| Legislature, the provision In Act No. ~
Of 1873, that n conviction Of extortion in
office shall ipsO fnctO, operate u yaca-
tion Of his Office by the officer 80 con
victed does not apply to justices OF the
peace Judgment reversed.
No. 5000. State Of Louisiana VS.. A.
Philips and John Reid, appellants. .-Ap-
peal from District Court, parish Of East
Baton Rouge The record in criminal
conviction must show that the jurors
who tried the case were sworn. Case
remanded.
The Chief Justice and Justice Wyly
10. G233. w. TT. Gilbert vs. P. o
Hebert, testamcntary executor, NJ. j.
Hobert, appellant Appeal from Dis
trict Court, parish Of lbcryille. Judg.
ment reversed.
Justice WHY dissents.
No. 6o85. Mrs T.. Burke, tutrix, vs.
l.. Tregre A. Miltenberger and W. +.
Halsey, intervenors and appellants
Appeal from the District Court, parish
Of st. John the Baptist The proceed
ings taken by the intervenors are
predicated upon the same facts a.
alleged by them in the suit Of L. }.
Burke W. Tregre, wherein their inter
vcntion was maintained - Wallace,
5I9. Judgment reversed.
by JUSTICE HOWELL.
No. 1901. Thomas B. Lee, appellant,
VS.. City Of New Orleans. Appeal from
| the Sixth District Court, parish Of Or
leans. Plaintiff enjoinS the execution
Of q Judgment against him for taxes,
on the ground that the land is exempt
from taxation being the property OF an
orphan asylum from which it j.
leased by him. He is liable fol
the proportion Of taxes on the buildings
No. 47S2. T.. +. Stockmeycr vs.. Hiber
MIA Bank Of New Orleans ct ais, appel
lants Appeal from Eighth District
Court. parish Of Orleans. judgment re
vcrsed.
No eo77 State OF Louisiana VS. Elijah
Douglass, appellant-Appeal from Dis
trict Court, parish of East Baton Rouge
This case is similar to No. 5000, just de
cided. Case remanded. The Chief Jus
tice and Justice WHY dissent.
No. G1G7. Jules Ducasse, appellant, vs.
IJ. G. Keyser ct al.-Appeal from Distric
Court parish Of NatchitOches. Wher'
a mortgage note is pledged to secure tn
pavment Of another note secured by tin
same act, and maturing before the on
pledged, the property mortgaged mus
be sold to meet both notes, the debtO
being entitled TO the surplus of the pro
ceeds over the principal, with interes
and costs Of that note for which TN
other is pledged. Judgment reversed.
No. GiG8 A. Lecomte ct al, appel
lants, Caspari & Dietrich, and I. Bos
sier vs.. T.. l.. Walmsley, assignee, etc
appellant, consolidated fror
: District Court, parish Of Natchitoches
Judgment reversed, 50 far as 1t Affect
the rights Of Walmsley.
No. G2Ol. State Of Louisiana vs. Davl
T King, appellant Appeal from Dl5trl(
. Court, parish Of East Baton RouSt
, Case remanded.
No. G223. Barrow & Pope v8. Florenc
? A. Brown, administrative, etc, appe
lant.-Appeal from District Court, pa
ian OF Ibervile. The statements OF a
agent are not hearsay, and proof OF tf
agency to employ counsel is admissible
, although the agency was not ale9e
! Judgment affirmed.
No cn-1 HborIoo Gcb rni6t va (itv