New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-14

ed affirmed.
No. 6l83. William E. Snaddy Va. +. l..
Van Fossen. From Third judicial District.
Case remanded, that plaintiff may prove an
interruption of prescription.
No. CLIO. City of Natchitocbes VI. w. H.
Redmond ct al. sppellants.-Fr0m Seven
teenth Judicial District. Judgment amend
ed to compel the eureties to pay five per
cent ON the amount for which they are con-
demned
No. 620S. w. j. S. johnson, appellant,
vs. John G. Dunbar ct al.-From Ninth Ju-
dicial District. Judgment affirmed.
No. 6l5l. Maria A. Barron vs. Joseph +.
Sollihellos, sheriff, ct a., appellant.--From
Ninth judicial District. Plaintiff did not
have the right Of homestead when the seiz-
ure was made, and can not claim it now.
The thing seized is incorporeal-the undi-
vided halt of certain pr0perty-and to this
the right of homestead does not attach.
Besides the evidence shows that plaintiff is
not entitled to homestead; that her hns-
band, upon whom the support of the family
devo.ves, is an able-bodied man; that he
recovered from the mixed commission in
September, 1874, $770O in gold, and that
eince February, 1875, he and his family
have been living at Dayton, Kentucky, for
the purpose OF educating his children. The
waiver dispenses with the necessity OF ad.
V0Ello0uCuUs OuOkW0UV OoAu1AOO OAO uC'
fendant to recover twenty per cent dam
ages of the amount injoinsd.
No. 6OS6. Widow NJ. c. Rsthbone vs. par
ish Of St. James, eundry taxpayers appel
lsnte.-Appeal dismissed, the appellants
having failed to allege or show they have Q
pecuniary interest over $500.
No. 6l50 E. e. Norton and Will Steven
Va. Citizens Bank. appellant.-From the
Ninth Judicial District. The rule to pay
debts did not require the sale to he for cash;
l3 R, 3e2; 19 A., 1853; 10 r, 1896. A valid
sale may be ordered, of land in another
parish, BY court having jurisdiction of the
succession; r., 144; 9 NJ, 46l. The sheriff
was bound to obey the order of the court.
Judgment amended that plaintiff pay 500,
and lhus affirmed.
No. 6l59. Bernhard We'll VS.. John WE'LL
From Ninth Judicial Diatrict. j. NJ San
didge ct al, appellants. The PLAINTIFF were
entitled to q judgment, and appellants to
no relief. Judgment affirmed.
No. 600. G. M. Bsyly & Pond, appel
lants, vs. John Well.-From Ninth Judi.
cial District. Judgment affirmed.
No. 6236. George P. Harris, appellant, vs.
missed. the amount being less than $500.
No. 6l26. Joseph Rudman, appellant, ct
al. We. Bridget Booklet ct al.-From Seventh
Judicial District. On notes of sale Of land.
Judgment affirmed.
No. 6l75. Pleasant A. Davidson ct AL,
appellante, vs. Mrs. Martha A. Davidson
From Ninth Judicial District. On the merits
the plaintiffs are not entitled to recover.
The sale could not be disturbed unless the
heirs returned the price. Judgment af-
firmed.
No. 5000. H. c. Bridges, appellant, vs.
]. s. Epnis.-Erom Thirteenth judicial Dis
tricf .Tudoment affirmed.
No. 6O27. j. S. Richardson, appellant, vs.
E. NJ. Cramer, sheriff, ct al.-Judgment at.
trmed.
BY JUSTICE MORGAN.
No. 6O56 State vs. John McKinney.-Ac
cused appeals from sentence of five yeare
on verdict of manslaughter in Eighteenth
Judicial District, and files the Governors d
pardon. Appeal dismissed.
No. 6OS7. State vs. Charles Hill, alias Vim
cent. murder.-FrOm Fourth Judicial Dis
trict. The refusal to allow counsel to read
the special charges asked. but to hand then
to the court, did not invade defendant
rights. 1t would NOT be proper to argue OF
rejected Instructions. Judgment affirmed
No. 6ls4. James j.. Rodgers vs. Elias y
Dennis, appellant-From Thirteenth Judi
cisl District. Judgment affirmed.
No 6225. Seligman Kahn, appellant, W
Edward j. Gay. - From Fifth Distric
Court. Judgment affirmed.
No. 6l76. w. s. Calhoun, administrator o
Meredith Calhoun, vs.. John w. Hickman
appellant-The Judgment of the lower cour
was that the injunction against defendant
public administrator, should be perpetu
ated. The defense is that the plaintiff ha
been removed from his trust and the de
fendant appointed thereto. But as VI
have Just decided that the judgment remov
| ing the plaintiff was erroneous, it follow
| that this Injunction was properly issued
and that it should be maintained. Judg
ment reversed and Injunction made perpet
ual.
No. 5673. Mrs. Eliza Labauve Va Henri.
| s. Slack.-From Fifth judicial District
| On rehearing, former decree set aside ant
| Judgment of lower court reversed.
| No. $780, Citizens Bank. appellant, VI
G. NJ. Bsyly and sherif.-From Fifth Ju
dicial District. Judgment affirmed.
No. 6242 L. B. Clarkson, applicant, VI
Mrs. N: P. Wllliams.-From Thirteenth % ?u
dicial District. On balance ON plantln
partnership. The defendant was separat
| in property from her husband: The plain
tiff is entitled to his share. Judgment n
versed in favor of plaintiff for $]Ol9 %.
No. 6l63. Mrs. NJ. N. A. Calhoun, sppe
liant. va. Mechanics and Traders Bank
From Ninth judicial District. The plainti
does not reside in Louisiana. The cas-
| should have been continued for commil
sion to take the testimony. Judgment an
nulled and case remanded.
No 622O. Robert Murdoch, administrator
appellant, vs. Martha Harper ct ux.-Frol
| Thirteenth Judicial District. Judgmer
affirmed.
No. 6235. A. w. Hyatt, appellant, vs.. p
lice fury Of East Feliciana.-t'r0m tn
LOOT Tho 1ouo1ifv of m tax ia
issue. Appeal dismissed for want OF Jurl
diction.
No. 6l8l. Marzelee E. Marsh ct ux. v
Jnl;na Levin ct al, appellants. Fro
Ninth judicial District.-The evidence
support Of plaintiffs title is an allege
"deed in trust" which has been lost, and
which there is no record. In Louisiana tn
is no title. Judgment reversed.
No. GIL. John Osborn, appellant, '
Malvina Goss. From Ninth Judicial Dl
triot.-This court is without jurlsdict,o
there being NO amount in dispute. Appe
dismissed.
| No. 6l60. E. c. Briefly VI. U. II. job
ct al, administrators and appellants.
From Ninth Judicial District. The cOu
erred in allowing parol evidence to defe
prescription ON Endorsements ON the NO,
q A., $50. Judgment reversed.
No. 62l5. S. w. Davis, appellant,
Mrs. N. j. Williams.-From Thirteenth j
dicial District. Judgment reversed in fsv
of plaintiff for 1927 so.
No. 6lS9. Monheim Berwin, sppellal
vs. b. Weiss ct sl.-From Ninth Judicl
District. Judgment affirmed.
No. 6O99. Mary E. Prsdat vs. Margar
C. Legare ct al, appellant.-From Four
Judicial District. Judgment affirmed.
No 6l52 George w Sentell g. Co.
James Boron, j. F. Sa,hbello, interven
: and From Ninth Judicial u
trct. There was no sale Of mules betwe
] plaiutiff and defenc ant. Judgment amend
,, by rejecting plaintiffs demand, but leavl
him q privilege and allowing certain SIN