The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-04-17

In her petition to BIS confirmed - testatn entary
sxeeutrix Of her husband in this state, SCI ioItn
| her residence rs being In New Orleans, she can
| not pow, for the purpose OF having THIS cause
| transferred TO the United States Court, DO heard
claiming as hers the former domicie Oh her
husband.
Nothing supplies the place of registry, 30 fsr as
those are concerned who are not parties 70 the
MORTGAGE. and nothing dispensss with Rein
serption al the end OF ten years even IN me case
| OF party purchasing property atieoted W
| mortgage eontaippg the pact ds non osleHd'.ny.
| When a mortgage contains this stipulation the
sale by the mortgagor does not prevent the tnors,
pagss from proceeding by executorv process, ano
he need give no notice to the purchaser. JUG
! msnt amended 80 as 10 disallow damages.
No. 6552-BArah A. Bake W. Il. o. and L; a.
| Nelson Of al. appellants-Appeal from the Dis
triot Court, parish Of Madison Judgment re-
| yersed.
Justice spencer refused. -
No. 6349-State OF Louisiana, OK rel, Attorney
General and Ihos Carey, appellants, w. John
Barrow.-Appeal from the superior District
Court, parish Of Orleans. On rshesring;
Under sections 1892 and 1893, Revised Statutes,
the Governor IL vested with discretionary powers
TO determine when the contingency has arisen
which authorizes him to Dismiss q ta1 conec.pi
and the appointment by him Of another 70 the
same office, vice the late incumbent, ls the PROOF
Of the existence of sufficient cause OF removal
This power of the Governor vests, In his alb
ssnce from the State, in the Lieutenant Cover
nor. Former decree reversing the Judgment Oh
the lower court maintained.
| No. 5322-Jobn Ternoir, appellant, w. Dahiei
| Weaver OF al ReheaTing refused.
| by JUSTICE DEBLANG.
| No Gbs3-Clement 81 Tremouet VS.. Achille
| Sigur and Mrs. L. J. Sgur, sDpelants-Appeei
| from the District Court. parish of 1berville.
| The fact that minors tutor in 1862 refused TO
\ I.l,o na4I rfa DultG6 q,
| and went to Shreveport with the Confederate
| Legislature, of which he WAS member, d1d not
| vsoate his tutorship. Tho validity OF - decree OF
| court can be destroyed bat by court ana as inc
| tutorship springs from the law and decree, no
| military order could, can or ever did vacate
| tutorship. judgment reversed and case re-
mandsd. A.,
l.. J. sigur ct al Achille tigur sppelant.-Ap'
peal from the District Court, parish OF Ibervile.
| Judgment affirmed.
| Nd. oslo ,tavie Trsmoulet and husband vs.
| Mrs. l.. J. sipur and Achille Sigur, appellants.
| Appeal from the District Court, parish Of her
| vile A Judgment affirmed.
No 49759John M. Carr. sppellsnt. ys. Louis
lana National Bank. Appeal from the Sixth Dis
trict Court, parish OF Orleans. Judgment az
| frmed.
| No G6O7-Union Insurance Company va. Mrs.
Delphins BENT, wife. etc.. appellant. Appeal
from the Sixth District Court, parish OF Orleans.
Judgment reversed
vs
liant, vs. her creditors.--Appeal from the Fourth
District Court. parish OF Orleans. Motion to dis
miss refused.
BY JUSTICE EsAs.
No. G4e2-Stste OF Louisiana, ex rel. John Il.
Clay Vs. Geo. B. johnson, Auditor etc, appel
lant.-Appeal from the Superior District Court,
parish Of Orleans. Case continued to make
present Auditor. Jumel, party
No. e5gO-sucoesson Of l.. i. Generss. A. r..
Hickman, opponent and appeIlant.. from
the Second District Court. parish OF Orleans; A
judgment obtained for an amount due for salary
10 exempt from seizure. Judgment affirmed
No. 615S-Successi0n of Joseph A. Dichary.
Eloi Dicbary, administrator and appellant. -hp-
peal from Fourth District Court, paris OK Ascen-
sion. observation-disclosures is not concluded by the
inventory and evidence offered by him to chow
that property embraced In it never came into his
possession is admissible. Judgment reversed and
case remanded. .
| reaux & Wright, appellants. Appeal from sixth
| District Court, parish OF Orleans Even it there
| be redhibitory defects in q thing purchased II
the buyer resels it at full price and ~ not
| called upon for reclamation, 1t is no defense
against tho payment of the purchase prize.
Judgment affirmed.
ny JUSTICE SPENCER.
| No. 6i14-Lous q. Roudauez ct ais. appel
lants vs.. Tho Mayor and Administrators. The
N. O. Pacific Railroad Comp my Intervenors.-
| Appeal from the Superior District Court, parish
Of Orleans. Judgment affirmed.
| Zee another column for full text OF the de-
No GGCO-suc ression of Hugh McCloskey. Mrs.
| Alice McCloskey opponent and appel tnt.--Ap:
peal from tho Second District Court, parish OF
| Orleans. On application for rehearing. The dona-
| ton by marriage contract, by the husband TO the
wife OF property, leaves the husband tho right to
sell or mortgage the property thus giyeu, unless
he has formally barred himself OF this right, but
he cannot dispose of 1t by gratutous title to the
prejudice Of his wife. Thus, donation to the
| wife by marriage contract OF sum OF money to
! be paid Mt the donors DEATH out OF his succes-
sion, is payable in preference to legacies which
are subs quent gratuitous dispositions. Re
| hearing refused.
| No. G,O4--John Boubede vs. John o. Aymes,
| executors of Alex. Mcneil, opponents and APP
pslants-Appeal from tho Sixth District Court,
parish Of Orleans. By intervening and claiming
u preference on the proceeds OF the sale herein
the opponents ratified and admitted the legality
| OF that pale, and cannot bs heard to urge fraud
and stimulation between plaintiff and defendant
in provoking the sale TO their Gntervenors)
| deriment. Judgment affirmed
No. 5435-City of New Orleans vs.. John A.
Morris, Germanis National Bank garnIs hee
| and appelant-Appeai from the Superior Dis
trict Court, parish OF Orleans. The question OF
| the ownership OF promisory notes sequestered
cannot be tried during vacation, and judgment in
such a case ia nulity. Judgment reversed and
| case remsnded.
| No. 5ls5-Jurey & Harris vs. Mrs. Mary J.
Hord and husband, appellapts.-Appeal from the
| Fourth District Court, parish of Orleans. 0 re-
hearing. A married woman has no authority to
| prosecute an appeal without the authorization OF
her husband or of the Judge. Appeal dismissed,
No. 594i Citizens' Bank OF Louisiana Vi.
Widow A. Castillo, wife of w. r. Mills, appellant.
| Appeal from the superior District Court, parish
| of Orleans. Judgme t affirmed.
! No. 6589-Jas. j. O'Hara vs. Sarah J.. Booth
| and N Council, appellants Appeal from the
Fourth District Court, parish of Orleans. Motion
! to dismiss overrued.
! No 656s-Succession OF DR.. J. @. Patrick. on
opposition OF Mrs. s. Il. Carroll, appellant Judg-
! ment re versed and case remanded.