The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-29
SUPREME COURT DECISIONS.
MoSpAr. May rs, 1877.
Present: All the Justices.

MospAr. May IS. 1877.
Present: All the Justices.
BY CHIEF JUSTICE MANNING.
No. 533l--E Marques b 90. va. q. Fernandez
g -Rehearing granted.
No. 66IU Mrs. "a. q. Kirkpatrick VI. Finney y
Byrnes ct al. : Rehearing granted.
No. 5416--Gordon Il Gomila Va. Wright &
CLARK = fsehearing granted.
No. 635l-Franoisco r. Martinez vs.. ]. Estoup
Wm.. HuntermaD, intervenor. --Rehearng re-,
fused.
No. $780, Succession OF L. r. aeneres. Re-
hearing refused.
Mo. 664 -Buccession OF Hugh McCloskey.---
Rehearing refused.
No. 66i6-John Untereiner vs. VIM. Miller ct
al BE heari0g refused.
No. 5410-Antoine sarrat W.. Francis Fernan-
aez, appelsnt-Appeal from the Fourth Dis
trict COURT, parish OF Orleans. Judgment IT.
Armed.
No. 54O7-The Workngmen's Accommodation
Bank, appellant, Va. Geo. T. Converse OF ais
Appeal from the Fifth District Court, parish Of
Orleans. On application for rehearing.
Corporations unauthorized by law cannot ap-
pear in courts of justice In their corporate name,
but the stockholders must prosecute the action
in their individual names. Rehearing refused.
Justice Egan dissents.
No. 6544--James Innis, appellant, vs. Fannie
o. Oliver, Widow Bienvenue. from the
District Court, parish of Pointe Coupee. On re-
hearing. eess
The acts OF q party from which ratification ID
sought to be deduced, must eyince clearly and
unequivooally his intention to ratify, and Ii they
CAD, In any manner, be accounted t0r without d
ratification OF the contract necessarily resulting
from them, they show no approval or Confirms
ton on his pert. Where q party OF tax sale
purchases property sold by the State for taxes.
State, no act OF the defendant can make 1t per-
feet. Former decree set aside and judgment OF
lower court affirmed.
Justice De Blance delivered dissenting
,s...~. S. T.AI
No. G430- Succession OF q. T.. Marc--On oppo-
sstions OF Soye dayarre, appellants Appeal
from the Second District Court, parish of Or
leans On rehearipg. Unless the act OF sale by
are secured be rec ,rded ON The day that il il
execute d, such privilege has no effect as against
third persons. aud senior mortgage cannot be
required to contribute to the payment OF priv
legged claims against the succession until the
property affected by such act is exhausted. For
mer decree amended
BY JUSTICE MARI:
No. 63C8--State of Louisiana vs. Gus Ander-
son, appeant-Appeal from the Superior Crimi-
nal Court, parish Of Orleans.
The act OF 1874 creating the Superior Criminal
Court la not olative OF the constitution and the
omission of the word "District' In It's name, IL
OF no consequence. The prosecution OF crini-
nal case may be conducted By any attorney with j,
the permission Of the Attorney General or Dis
triot Attorney. Judgment affirmed.
-. ua;to E;har pnrnrrn~s .nraIfaat Ayraaa
from the Fifth District Court, Parish OF Orleans
On rehearing.
issory note OF defendant who lived in the Sixth
District, within which was situated the property
mortgaged to secure the note, and Judgment
rT,ha nos n;ns, ~ articIa az ~ thu eonaitntio.
~ 1ssa il that The far;alatnrs sball moi nave
power TO change the judicial districts during The
term OF Office of the Judges Act No. OF the
extra session Of 1870 annexing the City of Jener-
SON to the city and parish Of Orleans cannot be-
said to be violative OF the constitution in this
spect, because it says nothing touching any
change OF the jurisdiction to which that
doubt from the time Of the general
election OF 1872, when the term on She
district judges expired the District Courts OF the
parish OF Orleans could entertain any suit
which they have jurisdiction ratione mdterig,
and this jurisdiction over that district continued
until the act OF 1876. annexpg the Sixth and
Seventh Districts Of New Orleans to thg second
TudiciaI Tistrict want into oneraton nj the srau-
ing general election ia 1915 Former decree.
affirming the judgment OF the lower court, main
tanned,
Justice Eean delivered concurring opinion.
No ee14--Stste of Iaouisiana w. VIM Will
liams. appellant.-Appeai from the superior
Criminal court parish OF Orleans.
The sixth Municipal District became part OF
the Second Judicial District in November, 1876;
the Seventh Municipal District has never since
1860 been part OF apy other than the second
Judicial District and both OF these Municipal
Districts are now subject to the exclusive juris-
fiction except in probate mstters, OF the Second
Judicial District Court OF the Sixth and Seventh
Municipal Districts Of the parish Of Orleans.
Judgment reversed, and prisoner held TO answer
before proper court.
Justice Egan dissents.
nv ynsrYox paAr
M 4aao-sucaess;on n a Constant Hear
inc IN ruls aoa;nst the Recoyder Of Mort
aa.a. anneiI.nt AnnesI from tha saeond T1is-
t.;st n"prt nar;sb II nrlasns II r,a Sor tl,a
oanso,sta,, ~ ,,nrtrsoas nr ,ro,er,v soId 10
o o~dsr ~ court The nortoa Gees mnat he made
nsrt;es Tndomant reyapsed ana cas- remanded.
M g2a0-~Iohn y. fevier. apueIabt We. Inez
p Gordon ,vifa n n r. NEUTRALITY-SUSPICIOUS.
from The District Conrt. narish of Tensas. On
annlication for rehearine' Rehearinr refused.
| No. 6G5I-Jos. Ran and Geo. Herrie vs. Chss.
n ssa9. es a., 10 Tfrarpdpn InJamant
| aff;rnsd