The New Orleans Democrat., 1876-05-02
snu,inura from first rasc.

Court. parish Of Iberville. The motion
ID dismias ia refused The court qua
properly dismissed the proceedings Tor
want of jurisdiction. as n succession
cannot unde~ article 80 OF the constitu
ton. be sued on demand exceeding
$500 In the Parish Court, IL matters not
from what cause tho debt originated.
The caae Of Toeaier va Littoll, ~ A. 602,
overrule1. Judgment affirmed.
No 4422 M. A. Beonel, administrator.
W. New Orleans, Mobile and Chatta.
nooga Railroad Company, ct ais. appel
lants. Appeal from Sixth District
Court. parish Of Orleans The condition
npon which the right OF way over the
land In controversy was obtai, ! n
been violated, and the company cannot
ovade ita responsibility for damages
under tho contract by letting out the
work to n contractor. Judgment
amended by reducing the damages al
lowed to $Ii0o.
nv JUSTICE MORGAN.
No. 4a9s. r. G Taylor, appellant, Va.
j. NJ Conway Appeal from Fourth Dis
trct Court. parish ~ Orleans The
Judgment IN the record is not signed. =
Appeal dismissed
No b7sp. Rhoda T.. White va Nyra
Clark Gaines. Schneider ct ala. sure
ties on appeal bond, appellants. Appeal
from the Fifth District Court parish Of
Orleans. The mortgage held hy plain
tiiT did not contain the part ~ non
SHendndo and all the property subject
thereto having been sold. with the eS-
eeption of small portion which was 50
covered with water and taxes that an
attempt TO sell it would only have re-
suited In costa the plaintiff. On the
Shcrin'a return that no property was
found after duo demand. was Justified
in proceeding against the Ruretics on
tho defendants appeal bona, Iudg
mcut affirmed
No. GAIA. Mrs. A. NJ Pitcher, appel
liant. VS. l. SchwatH and W nugh. Az
peal from Fourth District Court, parish
OF Orleans. A married woman. in the
absence If any allegation OF proof ot
fraud against the defendant, cannot set
up the falsity OF her own allegations in
her petition 10 the Judge for authorize
tion to mortgage her separate property,
or that the certificate of the Judge upon
her application was false. or that the
money which she borrowed was not
used for her own benefit. All that tho
holder OF II note, under such crcum-
stances has to know IL that tho require
ments of tho law have been complied
with. affirmed.
MNo G2o7 State of Louisiana va. w -.
rWNu ~ aiS Hl'l''tt'iS Nl'l''' ''''f
District Court, parish ot ST. Helena.
tax collector ia not reRponalhln Tor the
amount returned on the delinquent tax
roll. and his delay In recording such
roll does not subject him 10 any pen
Atty. lie owes only the taxes actually
collected by him. and this obligation
he can discharge only by paying as
compensation cannot bo placed
by him when sued for taxes ohareoahle
10 him AZ to the surety on tho
collectors bond the Court. Justice Nor
gan dissenting. consider that the ludg
ment against him was properly render
ed, the rule that party is entitled TO
notice of the fixing of n rule. after il
Ind been continued indefinitely, apply
ing onlyto tho parish Of Orleans. Judg
ment amended 90 as TO reduce the
amount TO $1,000 Co.
No 6la6. State of Louisiana Va w.
ID. Floyd. ct al, appellants, Appeal
from District Court. parish of st. Helena
Judgment amended 40 IA TO 'dce the
amount to $4,000 g.
No G2si. VIM ! Taylor ys. kchlor.
Updyke & 90. kehlor Bros. inter
venors and appellants. Appeal from
Sixth District Court, parish of Or
,caue Judgment aiIimed.
q