The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-02-15
COURT NOTES.
Supreme Court Decisions,

Supreme Court Decisions.
MONDAY. February IA, 1876
=, Present: All the Justices. BY the Chief Jus
tiee W. ''''' -
No. 5475-Successlon Of Francois Bougere-
Appeal from the parish court Of st. Charles
Three OF the appellants having acduiesced |
peilant. Mrs. Roe. having been held, in 20 A. III
not the presumptive heir of deceased the me
tion TO dismiss must prevail. Appeal dis
Justice Wyley concurs as to Mrs, Boo but dis
sents AZ to the rest
Justice Morgan dissents as to Mrs Doe an,
No. ss72. State OF Louisiana ex REL. +. A. FIJI
leul, Test. Executor etc. Vs. A. Durapau par
ish Judge Of St. Charles. and T. Bougere e1Ap p
plication Tor writ OF prohibition. Writ mad
No. COTS. State Of Louisiana ex rel, F. IT
Dumas. W. Judge OF the Superior Distric
No. 6lo9 state Of Louisiana ex rel 8. H. Ed
gar. etc, vs. the Judge Of the Superior Distric
Court-Prohibition refused.
Appeal from the District Court parish Of st
Charles. Several tax payers Of the parish appea
from judgment in favor Of plaintiff. Hi
claim was for services rendered and for tn
amount OF warrant for twenty dollars
Judgment amended by striking out this item o
$25. and In other respects affirmed justice
No slas. Mary Duncan vs. Michael Duncan
| appeal from Fourth District Court, parish o
orleans.-On motion to dismiss Motion re-
No eooi; Mrs. Ann Ford. appellant. vs.. Mrs
f. kiuredgc. appeal from the District Court
parish of Assumption. n.-Judgment reversed. ex.
ception Of no cause OF action overrued and cas-,
remanded, Justice Wyly dissents.
No. 4s6o. Wm; +. Higgins, VS.. New Orleans
Mobile and Chattanooga Railroad Company. ap
pellants. Appeal from Superior District Court
parish OF Orleans. Plaintiff riding free O
charge. and under an agreement assuming al
risks Of injury to his person, cannot hold de-
any proof of fraudulent. reckless or wilful con.
duct due on their part. judgment reversed. Justice
Wyly disSentS
No 1908. Succession of Bernhard Stolz, appea
from Second District Court. parish of Orleans. =
Appellant held a mortgage on property Of this
succession, which was sold to pay the debts. His
position, that tho sale OF succession property
for less than the appraised value Is nullity. Il
untenable. Judgment affirmed. Justice Talia-
No. eo4o +. F. Case receiver, etc. VS.. l.. D.
Sarpy, appellant Appeal from Fifth District
Court parish of Orleans. Judgment affirmed
with ten per cent damages
Il. Dronett wife, etc, Appellant. VS.. +. Lacroix
and G. :. Sauynet. Sheriff. Appeal from Fifth
reversed. exception overruled and cause re-
manded Justice Howell dssents.
Fo; 592o..F: DelBondio and Adele DelBondio
M ~ o. Mutual q9 Fh Ct ais
parish OF Orleans.-Judgment affirmed Justice
Howell recused.
s mo s BanH NoS ii Sw BSpk Ssaa Of New Or
lant---Appeal from Superior District Court.
parish 81 Orleans Plaintiff seeks to recover the
amount an q check drawn % on h Itself % and collected
good by plaintiffs cashier; had been fraudu-
fendant having cashed the check on the faith Of
plaintiffs certificate cannot be made to bear the
loss.
Judgment reversed. Justice Wyly dissents.
No. sole. State Of Louisiana vs.. Chas. Clinton,
An and A nuhuslot Trungnrar. nrr,noi
from the Superior District Court. parish Of Or;
leans.-The Attorney General having eDjoined
the payment Of made BY the two
mqlgated March 3o 1873. and April 3. 1875. the
New OrloaIs Republican Printing Company
took rule on the 81 parties to the s%t to sagse hs
absolute. abs There Is no doubt that the courts @ % can
declare certain portions G an T. approprast22n s
revenues for the year. and yet maintain the bill
as to other items. Judgment affirmed.
BY JUSTICE TALIAFERRo
No. 6Oss State OF Louisiana ex rel s. H. Edgar
ys. The Judge of the Superior District Court
No. 6O4s. State Of Louisiana OK rel T. j. Mar
tin appellant. vs.. Bienvile Oil Works Company
ct als.-Appeal from the Superior District Court
parish Of Orleans. Plaintiff. a stakeholder in
the defendant company has an interest in know
ing the condition Of its business. and must be
allowed, either personally or through an expert
ucSlRI1uteu ny HIul. W cAhUIIHt DDOkS. MILL
Justices Howell and Morgan dissent as to ex-
pert's right 70 examine the books.
appelant.-Appeal from the District Court par
ish of Lafourche. This suit being for advances
made by plaintiff as neg9t,o,un gestor. for ac-
and the plea OF prescription of three years is
not applicable: Judgment affirmed.
No, sli5. j.. M. Daigre VS.; Victor Paye and ais.
ge% pfrs mad Court parish
No. 5000. Jourdain Savoie administrator, VS..
Pierre A. Thibodeaux. from District
No. 5525. Citizens Bank of Louisiana VS.. Mrs
Widow J. G. de st. Romes and ais, appellants
Appeal from Superior District Court, parish Of
decided adversely to thoir position in the case Of
the Citizens Bank vs. Louis Muh recently de-
cided. Judgment affirmed.
MicholD~An order of appeai granted in omen
court does not reauiro "{be yudeo's signatunre.
The motion to dismiss Is overruled. Plaintiff
ants ownership OF tho undivided third part of
attacking defendants title. Judgment affirmed.
BY JUSTICE HOWELL.
No. 1864. John L. Lewis VS.. W. J. Behan ct al,
appellants. From Sixth District Court parish
maintained. justices Taliafero and Morgan
liSsent.
No. 1850 New Orleans. Florida and Havana
Dock Company. Appeal from Fourth District
Court, parish Of Orleans. Judgment affirmed
No. 47Ol. j. r. Broadwell appellant, VS.. Hy
smith and ais, w. Il. Ogden, intervenor.-A
rom Fourth District Court, parish Of Orleans
Plaintiff cannot by Joining several dc'cndants in
)ne suit where the cause of action against each
$ different gives us jurisdiction. Appeal dis
missed.
No. 52Os. Jno. H. Peasants Il Sons VS.. .Jno.
Kemp. Jr., J. II. Oglesby and ais, garnishees,
appellants. l, W. Homan, intervenor: appeal
rom r ON Fifth District Court parish Of Orleans
No 5sl2. Leon Peret VS.. Widow L. Fonteneau,
from Fourth District Court, |
parish of Orleans.-Ju judgment affirmed with 10
No. 5sil. B. N. johnson. appellant. vs.. Blake
more 4 Co. Appeal from the Fifth District
Court. parish Of Orleans. Rehearing refused.
No. $3.50. State Of Louisiana VS.. Z. Washington. |
Appeal from the Superior Criminal Court. par
sh of Orleans. The plea Of antrefois acquit
must be made before a verdict not as ground |
or a new trial or in arrest OF judgment. Judg- |
nent affirmed.
No. 59s6.--M. Benner vs.. W. Van Norden ct ais, |
Appellants Appeal from Fifth District Court. |
,arish of Orleans.-Judgment flirmed with ten |
No. s0s4.-State Of Louisiana vs. Jack Thomas,
Ilias Blind Jack, Appellant. Appeal from the |
District Court. parish Of Observation-Disclosures |
lfirmed
No. elO7.-P Rousseau vs., Estate Bourgeois, |
appellant Appeal from D5strs Court parish
No. d116.-Aicholas Verret VS.. Francois Gaudin. !
Tutor lappelant), ct al. Appeal from District !
Jourt.. parish Of Assumption, - Appeal dis
missed,
BY JUSTICE wYLY.
No 3o17 Jean Berthin appellant vs. Crescent |