The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-15

lish his authority, and plaintiffs who assert and
rely on that authority. whether il be denied or
~ " . sne supposed agent, must prove what
missed as Of non-suit.
=, 70. o6o1-Edward Meyer vs. G. Deffarge.-H.
mennert garnishee and appellant Appeal from
the ol Fourth District Court parish Of Orleans
granted for completing transcript ' '"'
No. 5367-Semple, Reno and CsssilIv vs.
thomas, owner. etc, appellant. from
the Fourth District Court, parish Of Orleans.
Judgment affirmed.
BY JUSTICE EGAN.
NO. G463-Desire Gregoire vs. B. l.. Lynch,
Judge OF superior District Court, ct alsRelas
tor had enioined the Administrator of Commerce
and the Chief OF Police from Interfering with hin
business as private marketman, which suit la
now pending on appeal. Meanwhile the defends
ant neren applied for and OBJ aimed an order re-
sm,Iaining relator from pursuing said avocaton.
Inc granting OF this second writ, in q SUIT not
between the same parties is not an invasion OF
the appellate Jurisdiction Of this court. Provi-
sisnal writ OF prohibition dissolved,
No. 5345-D. De Haven & Sons VA. A. Simon.
appellant-Appeal from the Fifth District Court'
parish 81 Orleans. Judgment amended 80 % 10
reduce the rate OF interest to Ave per cent
o R1 eosp nna1.n H. kirkpatrick wife Of J. J.
Appeal from the Fourth District Court parish of
Orleans: Judgment amended 80 81 10 allow $500
special damages as cornsel's fees.
No 66lO-Mrs: M d. kirkpatrick, appellant,
Fourth Diftrict Court parish Of Orleans. Juds
ment amended so as to allow 5000 special dam
ages rs counsers fees.
BIZ JUSTICE SPENCER.
No. 6466-Celna Boutte, wife, etc., OF al. Va.
executors OF r. +. Boutte, ct als., Appellants
Appeal from the Second District Court, parish of
Orleans. Motion to dismiss granted i'm part
64DS--StAtP wiz II
the Judge OF the Second District Court. Man
damus and prohibition refused.
| No. 65O1-State Of Louisiana vs.. Mollie Rich
ardson ct al, appellants. Appeal from the Su-
peIior Criminal Court, parish OF Orleans.
charge that defendants did make an assault
upon and put in bodily fear and danger of his
life one A. b., and feloneously and violently
seized, TOOK and carried away from his person
and against his will certain sum- constitutes a
charge OF robbery, and the omission Of the word
srOb' is immaterisl. Judgment affirmed
NO. 63I5-State OF Louisans ys. Jackson
Roberts d Israel. Israel appellant.-Appeal
from from the District Court, parish OF Livingston.
The declarations and confessions OF cocoon
spirator, made after the accomplishment or
abandonment OF the common enterprise, cannot
be offered and proved against another Cocoon
spiIstor. Judgment reversed as to appellant
| and case remanded
No. c612-Inez de Ia Vallina va. 8. Fasnacht.-
Appeal from the Fifth District Court parish OF
Orleans. Rehearing refused.
| NO. 53o5 - Andres RichauK, appellant, vs.
Mayer Brother..-Appeal from the Fifth District
Court, parish Of Orleans. Judgment affirmed.
No. 6359-City of New Orleans va. N. 0. Canal
and Banking Company. appellant--Appeal from
the Superior District Court, parish OF Orleans.
Where defendant seeks to evade the payment Of
the tax on part OF its capital on the ground
that such part is invested In United States So
curites or currency, the burden is on IL to show
what parts OF the capital stock are 80 invested.
The. presumption 10 that the report OF the asses
sor is true until disproved. Judgment affirmed.
No. 657-Wm. Sharp W. Aug. Cassie, appel.
liant. Appeal from the District Court parish Of
West Baton Rouge-On re-hearing. Former de-
cree amended go as TO reduce judgment to
1929 46.
No. 65oo-Charles Marin appellant, VS.. Widow
Jeanne Thierry. Appeal from the Fifth District
Court, parish Of Orleans. Service Of notice OF a
rule to dissolve an injunction by leaving same at
the Office OF the attorney Of defendant in rule is
not good service. Judgment reversed and case
remanded.
No. 6638 -Nalle b Cammack vs. W. P. Terrell;
, Lehman, Abraham Il Co.. intervenors and appel
ish of Orleans. Motion to dismiss denied.
No. 6351-F. P. Martinez Va. J. Estoup; VIM.
Hunterman, intervenor and appellant. Judg'
ment affirmed.
No. 6633-New Orleans National Bank, Mrs. A.
B. Bsranco, subrogated. appellant, VS.. Joseph
Raymond Appeal from the Fifth District Court,
parish Of Orleans. Judgment affirmed.
, Union National Bank OF als--Appeal from the
Fifth District Court, parish Of Orleans. Judgment
"'1 No. Si1s-. Gordon aomilla VS.. Wright j
Clark, appeIlsnts.-Appeal from the Sixth Dis
trict Court, parish Of Orleans. Judgment al
frmed.
Justice Mari Reused.