The New Orleans Democrat., 1876-05-24

TUESDAY, May %, 1876.

TUESDAY, May %, 1876.
| Present-All tho Justices.
BY JUSTICE TALIAFERRo.
No. e2es. &c. Moore q Co. Appellants, ys
opponent Appeal from Fourth District Court
certain property sold under executory process
sued out BY them, the city claims to be paid by
privilege and preference out o. the processes t9e M
Judgment or other evidence OF the tax Of 1d6a
deducted from the judgment In favor OF oppo-
nents.-Judgment amended
BY JUSTICE HOWELL.
No. 6337 State of Louisiana OK rel. Z. and c
Holiander ct al. ys. the Judge Of the Fourth Dis,
trict Court for tho parish Of Orleans. An appeal
will lie from q Judgment making absolute rule
to be put in possession. taken by the. purchaser
Of property at a salefor state taxes. s.-Mandamus
made peremptory.
pY JUSTICE wYLY.
No $500. Estate OF s. w. Thompson VS.. Sam1
appellant Appeal from Fifth District Court;
parish Of Orleans; Plaintiff sued mrs. Pagagd
had contracted to build a house. for her. She
answered, denying her responsibility to plain
tffs. and setting forth that Allison having aban-
ploy mechanics. and purchase materials to com
pIete tho house. and filed an account showing
the balance due by her to All son. at deduct
held that plaintiffs could not hold her personally
for the debt Of Allison and that their claim not be-
ing recorded they had no lien upon the property
In this suit against the contractor they 9arnl-
sheed In Mrs. pagaud's hands the balance In
favor Of Allison shown by her account. She Is
estopped by that answer q account from on plead
ty which Is due by Allison under his contract
Tor tho non com pletop of the building within
ny The ,,as Chei % justice and Justice TaIaerro dis
sent.
No. bss7 Succession Of Daniel G. Byerly. .Ap-
peal from the Second District Court parish of
Orleans. The evidence failing TO establish the
existence OF h partnership between the deceased
and the opponents Page NJ Baker, II. l.. jewell
and w. J. Seym ur the funds arising from lhe
sale Of the New Orleans bulletin belong to this
succession. Opponents are how yer. entitled
to remuneration for their services as editors
Judgment reversed and case remandcd, toa GER
{ in value Of opponents services.
Justice Taliaferro was recused in this case, and
J ust1ce Morgan dissents.
by JUSTICE MORGAN
No 47Os. State OF Louisiana vs.. Edward Booth.
appellant. Appeal from Superior district Court,
parish Of Orleans.-Judgment annuiled and
case remanded.
No. sOl9. State Of Louisiana ex rel. VIM. r.
Mills Vs. the Judge Of the sixth District Court ct
No. ss.i s"mmsrs sps GGranal" GGTa1R appellants VS.
Jas; :. CLARK. Appsa from sixth District i Court, C,
bursement Of monoy they clal m they spent, as
fhe negotiorpn aestores Of the defendant. for the
benefit OF their principal meg9s,o,nn ofstot IS
undertakes To act for another in emer-
gency. In the present case, admitting
hat the compromise, in eifectng which
plaintiffs disbursed the money sought TO
be recovered, enured to the benefit OF
defendant. the negotiations for the compromise
embrace a period Of ten months AMI though
who reside in Louisville. could easily
lave communicated with defendant. they failed
D do so. They certainly had no right to spend
ls money in that way without his CONSENT
Judgment affirmed.
Justices Howell and Wyy dissent
No 5475. Succession OF Francois Bougere. AD
veal from Parish Court. parish Of st. Charles.
in rehearing. Motion to dismiss denied d-Judg
nent amended as to reject the cain OF Il.
Filleul TO any portion OF tho succession as
egatee.
The Clnf Justice adheres to the former