The New Orleans Democrat., 1876-05-21

M Al THURSDAY May ~, 1879.
Present. t--All tbe justices I

W. NJ. esM WIN. i. Floyd VS.. The State of Louis
No. ee7s. j. faust Bro. 4 Co. vs. Glynn 4
winta- Nehe ring refused. a
Nv s5 VT MqG rf"s refused vs.
No 472l. Tho Teutonia National Bank vs.. The
Southern Bsuk -=tehesrina refused. 90,
No STA j. NJ Roythl et ais. VS.. Citizens
b%as e $ snsa E.a appssa safsa vs Louisiana
District Court, parish Of 6flsans Where The
cons pired to jefraud defendant. the acts and
declarations ~ one cons irator are, admlssible
sgas bis rs sast 3, sa ss a" gs%
tits u complices. though he be not patty
,heletG sre adiaisFi j. against him A. to 4uss,
Judgment II the District Judge or the ver'liet of
Jury unless manifestly erroneous. u Judgment
affirmed. .--.sty i.t
No pi5 $, Watson, trustee appellant Us ~
ward q Billings et nj Appeal from Fifth Dis
t,io Court parish Of Orleans. Judgment NJ
lrmed go
No. tl2s. City Of New Orleans ys. Geo. "
Campbell. Samuel and Andtew Smith plaintiffs
in rula and appeants Appeal from SuHef.Uf
pur hased from tam bell his rights r. certain
property, which had leased from an asylum q
and upon which he had erected improvements,
aud t,ev now seek to have ERASED the registry Of
ne for Hsas aaed ar lherG9n hy ah r.
| asylum. but against Campbell whose yal able
i'm improvements are SUBJECT to taxation oven II the
| taud ,e not. BESIDES, The law prohibits tho sale
II prorcttY. unless TIE taxes be laid Ju gment
affirmed JUST 10 Howell aud Morgan dissent
No fJJt tiorter, Peterson 4 FaHn"r, eppel-
| lauls - Mercha is Mutual Insurance Com
panv. Appeal from Fitl, District Court parish
Uf rlr9rs. IN the absentee ii proof that plaiu-
hff had knowldges thu, ar accident had hefall"u
the YcssN INSURED there ia no force IN the de-
fenEa thu she Was past duo and that the inorsa-
| mon was eae"ted before Office hours by book
keeper - The eontpany insteat Of by its niarnn
clerk. 'lnintla had right tn pr sent them
seltes at the compspy'e Office whenever II
onen e9d to E1e,mg, that the employees W n sah
they undertook to perform Judgment reversed
nv gusTTcE TatIarEBHo,
NJ. n"ee, " Ghahtt ys. Levasseuf Go, ot
ais and =. v, Chanut va. w. t. Iavasseur Con
soldatsd. Appeals frpm Fifth District Court
parish Of Otleens.-J Judgment afi mod.
No. FITS t. ". Gatdner CO. VS.. Leyssseur 4
g., appellants. Appeal from Fift' District
NJ. el9o John oConnor ct ais. appellants. VS..
- tayt2, d., ct g., ssls Appea t'Pm nistses GourI
II ~ 50 ~ - prohibt ,ha P6ce Jafy from evying
n judgement tsx' for en am tli,t greater than
The lulRmsnts tea,nst thf pariss -,
valley Bank, appellants Appeal frJul Tltip
district court, pari.'hof Orleans Plaintiffs seek
y rnesy'a Ihe amount II drafts drawn npon
which having born dispbuped by the defendant.
we've rait h, than. and s,,bseuuently proved to
tlr tutENrtHH. 'IhhFtUnfhUH ut they were mis-
lod and thrown Of ther guard b, the uegli,'nee
II oet.ndant II, taking tbem fipm. unknown
third lnlders without rssquiring their endorrse
ipppts, when upon the face Of the drafts they
appealed t. have been obtained directly from
he ,i d,ew9 !. Tb9 draws OF 2 bill a presan,ed
u d,s s han b odssr saa q s ,st s4e n
his own kno wledas ana not uptir presupptons
a. icing ( on the opinions of others. Judgment
nv JUSTICE wyty
No. eHs Ms Nanry Iottspeieh, 'utrix, VS.
jRsln ilf, ~ in%ii ct ~ appHlsnts Appeal from
r'th n,slrlst cmurt irish q h orlsans NO con.
~ a cau pending hn appeal before thistribunal
The how w,re94t having no jurisdiction further
than t. test tho surnties on I 20 appeal bond. -
Judge Mt reversed and Injunction dissolved
with 500 damages
Ma 4slG Succession Of Richard Condor Thoe
VI Mahou deiendant in rule and appellant Ap-
peal from second District Court. paris n ~ or
J. ans. II is well settled that when succession
property L. sold to pay debts. by order of q court
having jurisdiction, the putcha or gets good
title all innumbranc being tranforrod from
lilo ,bipz sold 10 the proceeds undar control oi
III" count judgment affirmed
BY JUSTICE MORGAN.
NJ $3.50, lsandell Hunt VS. Iamos Il. Hun 9. an
p"nnn Appeal from sixth district Court,
pprish of Orleans. The parties submitted the
bound thomselves to abide by the award that
might be made. stipulating the pepaity to be i'm
amount of tho award Within Il certain day
Their power Ia on or into sueh an reement ia
aSrres. : recognized by law, and d',fsndanth Y,
Tor th' amount thereof, and for the penalty
stipulated for the non compliance I erewith.-
Judgment affirmed. Justiee WyIy dissents,
FRtDvY, May ~. 1875.
nv THE CHIEP JUSTICE.
No $685. w w. Washburne vs w. Van Norden
ct al. appelants. Appeal from Fifth District
Court parish of Orleans. Judgment affirmed.
Justice Wyly dissents. EH .1t5nRe s3f 4
NJ JUSTICE TALrAFBRRos Ji il}
r.
Bank, appellant Xpreal from Superjor Bis
tri" Court. parish of Orleans. Judgment re-
versed s.I t1zii p ziNH{ "H '' -
py JUSTICE HOWELL iB .jdaiu |
s No siaa. Chas. A. johnson! appellant va.
town Of P9naidsenyls M q AgPSsa from pIst1tot
centiy decidsd judgment reversed = 49,
No. tsis. Marx Israel VS.. Tsutppia Inaurance |
Comrany, appellant, Appral trqm Eighth Dis
botwpon The amount ~ loss sworr to by the as |
4urod and the value proven on the trial Ia not |
neresesrily evidepce Of fraud and fase swear
SATURDAY, May 20, 1876
Present All the justices
BY THE CHIEF JUSTICE
No. $50 Rufus Waples, appellant, VS.. City Of t
Sc"rt. S" parish of o%fSs"s' % " II The defendant could
without giving the ties required by the Code.
and oven wore the lease silent "a to the mainte-
pance y The PROPERTY IN good condition by the
property as a good administrator" and IN Dc.
fault thereof is liable for all damages suffered /
by the losspr-JudgIneut reversed. .- t
No e21l Succession of Owen T. Donnela.
Counsel for absent heirs. appellant Appsa from
second District Court par sh Of Orleans. This
is suit tn establish thn los Of an Geographic
viii and 10 havo it probated. Mono of the wit
nrsaos vino declare thai they had seen the in
strun,eut swear that they saw the testator write
and sign 1t. ot that they were acquainted with |
his writing from having often soon him write
and y n liJ name. Judgment reversed.
No 67i5 Atohdart Howell VS.. The City of New
OrIonns. appellant. Appeal from Superior Dis
ttirt Court. parish OF Orleans party who en-
lons the execution Of judgment against him
on the ground that he was not cited. must estab-
1sh the want OF citation judgment reversed.
with 10 le,r cont damages. Justice Morgan dis
sGnts.
BY JUSTICE TALLAFERRo.
Ne sais. Succession of John X. Elgee; Mr..
and Mrs r. l.. Bacon ct ais, opponents and ap.
palIants Appeal from Second District Court.
parish Of Orleans. Under no principle OF equity
can the executor be hold liable TO the estate for
the crops Of cotton Of 1852, IN the parish Of ka-