The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-03-07
SUPREME COURT DECISIONS.

SUPREME COURT DECISIONS.
TUESDAY, March 6, 1877.
Present: All the Justices.
BY JUSTICE EGAN.
No. 6453-The N. o. Republican Print
ing Company vs. Ant. Dubuclet, Treas
urer; Fl. Newgass, intervenor and ap-
pellant. Appeal from the Superior Dis
ing refused.
No. 6527-Hall Il Lisle, In liquidation,
appellants, VS.. Jas. l.. Belden. Appeal
from the District Court, parish OF Terre-
bonnie. The death Of the judgment
debtor stays proceedings for the forced
alienation OF his property by a writ is
sued under judgment obtained via Or
dtnaria, even when the judgment recog-
nizes q privilege upon certain property,
and that property Is under seizure and
advertised for sale at the time Of the
debtors death. -Judgment'affirmed.
No. 6558-Garcia Bordelon, appellant,
vs. G.. z. Blancand ct ais. Appeal from
the District Court, parish OF Ayoyelles.
Judgment affirmed.
No. 6550-J. U. Payne vs.. John Fur
low, appellant. Appeal from the Dis
trict Court, parish Of Avoyelles. A
Judgment rendered by court other
than that OF defendants domicile is
null, though the defendant waive the
exception as to jurisdiction, and such
judgment cannot be plead as res judi
catd In bar of another action before q
competent tribunal. Judgment af-
frmed.
No. 6547-J. U. & Fl. M.sPayne Co.,
appellants, VS.. Mrs. Octavia Pasey and
husband. Appeal from the District
Court, parish OF Avoyelles.
Where an act OF sale has been duly
deposited and filed for record in the Of
fee of the Parish Recorder, though that
official neglect to transcribe the same
upon his books, a creditor Of the VEN
dor who obtains and records judgment
against the latter subsequently to such
deposit cannot disturb the purchasers
possession. -Judgment affirmed.
BY JUSTICE SPENCER.
No. 62o4-Mrs. Mary Hardy, appel
liant. VS.. John A. Stevenson. On re-
hearing. Judgment reduced to $500.
No. 6571-August Bonn, applying for
a monition, appellant, j. s. Bossier,
opponent. Appeal from the District
Court, parish Of st. Tammany.
The act of 1869, providing for carrying
into effect article 1872 Of the constitution,
relative to the sale Of lands, is not un-
DOIouoO ~ CASCpbO Ii oEl
its operation sales made under contracts
entered into prior the adoption Of the
constitution of 1S68.-Opposition dis
missed and case remanded for publica-
ton Of monition.
No. 6529-Edward J. Gay & Go. vs..
Crichlon & Donelson ct al, appellants.
Appeal from the District Court, parish
of Lafourc he.-Judgment affirmed.
No. 6551-Board Of Liquidators Of
Hart & Hebert, appellants, VS.. Pike,
Brother & Co. Appeal from the Dis
trict Court, parish OF East Baton
Rouge.
Defendants took out executory pro-
cess against certain property in the
Hart & Hebert, a few days after the lat
ter had made an assignment Of their
effects to their creditors.
The plaintiffs, representing the cred
itors, took out an injunction against the
process, and allege many grounds there
for. 1t is only necessary to notice one
Of them. They allege, and such is the
admitted fact, that the writ of seizure
and sale was issued without the clerks
having previously issued the notice Of
Judgment prescribed by articles 735 and
1856 of the Code Of Practice. That no
such notice was ever issued by the clerk,
and none ever served on the defendants
in the process. 1t seems that on the
day the writ came into the sheriff's
hands he gave a written notice to de-
PENDANTS that unless the amount be paid
in three days he would seize and sell the
mortgaged property.
This notice by the sheriff was not the
notice required by law. It clearly re-
suits from the provisions OF the Code of
Practice, articles 735 and 1856, that the
preliminary notice therein provided for
must be issued by the clerk. The writ
cannot legally issue until that notice
has been given, and the sheriff, there
fore, cannot have the power to give
such notice, because he derives his
whole knowledge from the writ, which
cannot legally reach him until this no.
tice is given and the delays expired.
The judgment of the court qua dis
solving the Injunction with $3.50 dam
ages is erroneous. It is therefore
ordered, adiudged and decreed by the
court that the judgment appealed from
be annulled and avoided, and it is now
ordered that the Injunction sued out by
plaintiffs be sustained ard perpetuated,
defendants herein paying costs Of both
courts.
No. 65S6-F. S. Goede VS.. John Mel
son ct al. /; Ed. j. Gay & Co., opponents
and appellants. Appeal from the Dis
triet Court, parish Of Lafourche.-
reversed and case remanded.
No. 6577-Wm. Sharp vs.. Auguste
Cassie; VIM. Cassie, administrator,
appellant. Appeal from District Court,
parish Of West Baton Rouge judy
ment reversed.
No. GAO Succession of Drauzin
Triche; Jules Lapene, appellant. APP
peal from Parish Court, parish Of La