The New Orleans Democrat., 1876-05-02
nv JUsTtuR HOWELL,

On opposition OF u. Il. Stanton, ]. g
johnson, appellant Appeal from ths
Second District Court, parish of Or
leans. The owner OF property, seized
under execution issnsd from the Probate
Court, rs belonging to succession, il
entitled to oppose said seizure and 90
tablish his ownership in that court.
Judgment affirmed. -.... Ye.-..s
No. AIT. JOS. u. Hubbard vs.. Susan
y. Moore, n. Egan and l.. M. Day. de.
PENDANTS in rule and appellants. Ap
peal from the Fifth District Court, par
ish Of Orleans. The Sheriff is author
lied to appoint deputies. and the trans
terest OF u bond executed to release the
property attached, is valid. Judgment
affirmed, with ten per cent damages
| No 473e H. r. Merriek, executor, ct
al, vs. David II. North, appellant. Ap-
peal from Fifth District Court, parish OF
Orleans. The widows signature Ia not
required to the act II sale OF the suc-
eession property by the administrator.
1t ia no part Of the duty Of the notary
or the auotioneer to furnish tho pur
chaser Of property sold by them with
the titles for examination Judgment
amended by reducing tho interest tc
| five per cent aud striking out the items
Of commissions for renting and attor
ney's fees
No e0l2. Mrs ! NJ. Buelow, tutriS,
VS.. A. A. Mandal ct als, appellants.
| Appeal from Second District Oourt,
| parish OF Orleans. The birth of q child
| to the ,estator annuls will executed
prior thereto, and whether or not the
| widow may be included by any pro
| eesdngs taken 10y her, tho minor whom
she represents cannot be 80 concluded
judgment affirmed.
No. 60l3. A. A. Mandal, appellant, vs.
Heirs OF Peter g. Mandal Appsal from
the Second District Court. parish OF Or
leans, Where children, issue OF q first
marriage, seek to be deorsed the owners,
to the exclusion OF tho issue Of their
| fathers second marriage, of part of
their fathers estate which they claimed
belonged to the first community and
was wroDgfully omitted from tho inven.
tory OF their mothers succession, they
must establish their claim by the strong
est proof judgment affiruled
| No soi2. WIN. Reid Mills, appellant,
va. T.. Waggaman. Sheriff, ct al. Appeal
| from Sixth District Court. parish OF Or
| leans. Judgment affirmed.
No. Gl44. Mrs II. Boulon, wife of H.
Vergez. appellant, vs. u. WaggarnaD.
Sheriff. ct al. Appeal from Fourth Dis
| trict Court, parish Of Orleans. Plaintiff,
| separated In property from her husband,
enioins the sale. under execui ion against
| him III sugars, which she claims were
| raised with funds obtained on her sole
credit since the judgment Of separation,
which pretension is resisted by defen-
dants on the ground that the Judgment
OF separation was fraudulently rendered
| by consent. More than one year having
| elapsed between the dates OF either the
| judgment Of the seizing creditor, or tf
| tho wife and the date OF these proceed
ings, or Of the seizure enioined, the plen
of prescription, filed by plaintiff ia this
court. must prevail. Judgment re
yersed
| No. e22o. A. A Delaroderie. appellant.
| vs Mrs. A. Hillen, tutrix. ct nj Appeal
from Distriet Court parish Of East
| Baton Rouge. Judgment affirmed
No G23l. Cullen McCastIe vs.. J. J. T.
| CLANCY ct nj appellants. Appeal from
| District Court, parish Of East Baton
| Rouge. When u patent Ia enormously
issued by the United States to lands
which have been previously patented TO
the State and by it disposed OF, though the
| last patentee cannot preseribe against
| the State, yet be In such possessor as
requires plaintiff In the petitory action,
seeking to recover under the title from
the State, to reimburse the value OF the
| improvements, or gum equal TO the
emf anced value OF the soil.--Judgment
amended and case Temanded to ascer-
tain value OF improvements
| No. s306. Christian Boye, ct al. hp-
pellaDts. vs. g. T.. Girardey, ct ais. Ap
| peal from Superior District Court, parish
| OF Orleans The duty Of one-h half VI per
cent, imposed by section 1i5, H. y. on
the vendor OF property sold at auction.
is not in violation Of art llS Of the con
| stitution or Of the amendment limiting
| the tax on property to l2a mills. it is
| merely % charge imposed for the services
voluntarily songht OF u licensed officer
OF the State e.--Judgme nt affirmed
By JUsTToE wYLY.
| No. 6272. City Of New Orleans, appel
! liant, va. St. Charles Street Railroad
Company. Appeal from Superior Dis.
| trict Court, parish of Orleans. The city
| has no power to commute taxes, and
could not, therefore, enter into cons
| tract vii IA defendants cxempting them
| from the payment or taxes and substi-
tuting therefor the payment OF bonus
! upon each passenger carried by them.
Judgment reversed.
Justice Morgan dissents.
| No. 6125. Christian Kline VS.. the
| parish OF Ascension, appellant--Appeal
| from District Court, parish OF AsceD-
sion.-PIaintiff's claim. evidenced by
| Judgment having been provided for In
the assessment roll, and a sufficient
hHOuHb w ptty tne sstuie, ItmdlHluB uH-
collected on said rolls, plaintiff cannot
obtain a decree under section 2C28 II. s..
directing special tax to be levied for
the payment OF his claim.--Judgment
annulled, so as to strike out the order
for the levy Of a special tax.
No. G2i4. Rising Sun Society vs.. Rising
Sun Benevolent Association, appellant.
Appeal from Superior District Court.
parish of Orleans. The Superior Die
trict Court is utterly without jurisdlc-
ton to enjoin trial in the Sixth Dis
trict Court. on the ground 81 by act
No 2 OF 1872 the former cgs ,s OK
elusive jurisdiction OF the CO ned.
The remedy of defendant In Us Sixth
Dist let Court Is an exception TO the
jurisdiction, and this plea, II overruled,
can be revised on appeal
| reversed
| No. 6l5s. Felix Brand, appellant, VS..
the town of Donaldsonyille. Appeal