The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-28
TIE COUR1S.
supreme Court Decisions.
MONDAY, March ~, 1876.
Frcscnt. AT The Justices.
ny CHIEF JUSTICE LuDEL1Na.


No. 57I9 George s. Lacey VS.. Rufus
NAPLES. ct ais. Rehearing refused.
No. 6o0l. Mrs. Ann Ford VS. Mrs. Ann
kttredgc. Rehearing refused.
No. G2l6. Frank Wilson. executor. vs..
II. X. Anderson Tax Collector. appel
liant Appeal from District Court. pnr-
ish Of Carroll The law requiring an es-
innate Ut parish expenditures to be
made and published Is mandatory, not
directory. The penalty Of 100 per cent
imposed on the applicant for an an in
junction restraining the collection ot
taxes does not apply in the case OF
assessments, made by order Of court to
pay judgments against u parish. Judg-
meat affirmed.
No. Go2S. State Of Louisiana vs. JOS
eph Richie, appellant.-Appeal from
District Court, parish of Richland. The
law fixes no precise age when u witness
shall he excluded. and the Judge must
uso his discretion to determine if u
child has sufficient understanding to
testify. Judgment affirmed.
No. eis5 IIosic Il McCloy. use, etc.
appellants. vs. the Police Jury of the
parish Of Madison Appeal from Dis
trict Court. parish Of Madison Judg-
meut reversed and entered rs in case Of
non-Suit
No Gn8s. state OF Louisiana vs. ID. r.
Henderson, appellant. Appeal from
Superior Criminal Court, parish Of Or
leaus The fact that c. II Eraughn pre-
sided as Judge. under the appointments
of Judge Attoch0, nj the impaneling Of
the Grand Jury which found the indict
ment. should be shown in some legal
way. aud this Court cannot take judicial
cortniganco Of it. Judgment affirmed.
No GlGi. Citizens Bank. appellant.
~ (t,nnnrIiu A AntnaI from
District Court. parish of coucordia. The
pslice Jury had not the power to create
u debt by borrowing money, or bind the
parish by issuing negotiable Instruments
by which to raise money Judgment
affirmed
By JUSTICE TALIArFRRo.
y 5.iI State of Louisiana VS.. Cupid
Broom. ppellant. Appeal from Dis
tricl { SAT-, parish Of Morehouse. Case
iemau.rd.
n Gi9,. John Sexton. appellant, VS..
John ,ieniuhon, tutor Appeal from
Second District Court. parish OF Or
leans Judgment affirmed.
No G1SG. O. X. Hawley, public admin
istrator. VS.. Abraham Hyman ct NJ. al,-
pellants. Appeal from District Court,
parish Of Iiapdes. The proceedings
under which decedeuts property was
acquired by defendants were utterly
null, having been conducted coniradie-
torilv with no representative Of the Sue
cession, and must therefore be set aside.
judgment affirmed.
No. G133 Joseph Reboul VS.. Joseph
Bllgery, appellant Appeal from the
Fifth District Court, parish OF Orleans.
Appeal dismissed.
No G2o5. Mrs. d. a. Taylor Va. Il s..
Bowles 1T ais. appellants. Appeal from
a, iI.t 'ntIt mi I
defendant In injunction acquired before
maturity the note secured by this mort
gage which il il sought to annul. and
the presumption that he is u bona Hide
holder before maturity without knowl-
edge Of the equities which may exist
between the prior parties has not been
overcome. Judgment reversed with
300 damages as attorney Tees.
No. 5536. State of Louisiana vs. Sam
Maxwell. appellant Appeal from Dis
trict Court, parish of Franklin. Judg-
ment affirmed.
No. 5s79 State of Louisiana vs.. John
Thompson, appellant. Appeal from
First District Court, parish OF Orleans.
Judgment affirmed.
ny JUSTICE HOWELL.
No 135G. s. A. Janney and husband,
appellants. vs. A. g. Ober.-Appeal from
Sixth District Court, parish of Orleans.
Judgment reversed. Mr.. Justice WHY
dissenting.
No 4937. J. r. Hopkins vs. Garth-
waite. Lewis II Miller. appellants APP
peal from Fourth District Court, parish
of Orleans. Judgment reversed.
No. 55i2. The State VS.. Jesse Powell
and Lev. Gibson, appellants Appeal
from District Court, Parish OF Frank
lin An information for larceny Is sui
fcipnt. If it state the value OF the article
stolen. as the law distinguishes between
grand and petit larceny according TO
such value. Judgment affirmed.
No. Go4G. City OF New Orleans ys. II.
J. Kcr, appellant Appeal from superior
District Court, Parish Of Orleans.
Judgment affirmed.
No. 6IO3. John Kerwiu ct ais, appel
lants, vs.. Hibernia Insurance Company
and the Sheriff. Appeal from Superior
District Court, parish Of Orleans. The
heirs are not estopped from questioning
the statement contained in the act,
signed by their father and mother, by
the which the latter acquired property,
thnt the same was purchased win her
parapherual funds. judgment reversed
| and case remanded.
| No 6l3G. Hillery Edwards vs.. VIM.
Rcks ct als, appellants. Appeal from
| District Court rarish Of Tangipahoa.
| The motion to sniss is denied
| No. G1i7. Stat of Louisiana VS.. DAVID
| Williams ct ais, appellants. -Api eal
/ from District Court parish OF Concofdia
| II is the right and duty OF the Judge tt
have the minutes OF his court corrected
u,J,c IrO :,uic, whenever errors or
omissions are satisfactorily shown
Judgment affirmed.
No. GI9l. Executors Of John Bird VS.
A. A. Lobdell, Ocean Saw MIL, tblrt
opponent and appellant. -ApEea
rom District Court parish ot Yves
Baton Rouge. Judgment affirmed
No. 623i. Hy. w. Strickland, appel
lant, vs.. Jas. W. Terry. Appeal iron
District Court, parish OF 81. Helena -
Without clear proof Of the assumption
i by the partner purchasing the ihteres
Of his co-partner, Of s. due by the flrn
TO t4e selling partner, it Will be con
si,,rrrJ "a included in the purchas
lricc of the interest sold. judgrnen
affirmed, except rs to curator's lee re
!, duced To %lD0.
No. GAG. State Of Louisiana vs.. } +
Richardson, appellant. Appeal, iron
District Court, parish Of Tangipahoa.
Judgment affirmed.
oY JUSTICE WYLY.
| No. GI35. Mrs. NJ. b. Locke, wife Of a
7 Maureau, vs. Laftte, Duiilho Co, ac
! ing for, etc, appellants Appei
r from Sixth District Court, Parish
J Orleans.
The Judge who examines u marie
-. hi &