The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-12-05
SUPREME COURT DECISIONS.
Monday, Dec. q, Iszz,

BY CHIEF JUSTICE MANNING.
No. Ges2. State of Louisiana ex rel Fred
Duffel, District Attorney pro tenn. OF al. appel
lants ant vs.. Morri- MMarksmAppesl M from the Dis
script Of a resolution Of the Board Of Admins-
traitors Of the University Of Louisiana confer
| son does not stand in the place Of o diDloma
and Q degree, and section 1877 Of the Heyised
Sttatntes auth9przlng i,p the practices q A law ny
fe, red by said administrators must be construed
with sections III and 112. which provide that
Court in % oraer to enable any one to praotce law
and allowing graduates Of the unive sity TO be
licensed without examination by this court,
yersity Of louisiana and never having been
licensed to praetiee by this court, Was. III 1874
the the Board Of Adm Illustrators had, ,by resoiu-
conferred upou him. Judgment reversed.
No $751; State s ex rel rel. i. Dafrel. District Attor-
ney pro tenn, ct al appellants. w. Morris Marks.
Appeal from the district court. parish Of Ascen-
| No. 59s2 e. g. Porter v5. Pierre Morere ct al.
| appeilants:.Appeal from the District Court.
Who're an injunction is dissolved without
prejudiee,'', those two words. unexplained by
the Judge, do not convert the judgment into one
Of non suit. and the plea Of re jsoicatn will be
| maintained in subsequent injunction suit be-
| tween the same parties, based upon grounds
| whicn, though not presented existed at the time
| Of the issuance OF the first Injunction. Judg-
ment reversed. i.
No e7if state of Louisiana ex rel J. II. Bills
the Dstrict Court parish Of ,Iberyille.
| Any section OF the Revised statutes and any
act passed prior to that revisal that is Identical
with another which is exp essly repeated. is y.
self repealed whore the repeating lag Effects oil
lays in conflict with i Judgme1p,t n, affirmed M
liant. VS.. City OF New Orleaas.--Appeal from the
Superior District Court. parish Of Orleans. a.
The residence OF he clergyman. or re9torys -
not exempt from taxation, Judgment affirmed.
No. G59l. Succession oil y. II. Baily On opDo-
sition Of Washington and l. Lee University; ; AZ
Court. parish Of Orleans.
Where the executor Of 9 succession mingled
the funds Of the estate with those of the conn
mercial firm Of which he was member. the
discharge OF the members OF that fl IN under
the United States bankrupt act does not relieve
the executor from liability TO the estate for tn5
sum so converted and mingled by him. Judg-
ment amended and executor ordered TO &c
| count for sl8,02i 10 as cash.
BY JUSTICE MARI.
No 1892 j. Davidson Hill Il Co. VS.. Mrs.
A. BourcieT and b. NJ. Pond, appellants
peal from the Sixth District Court. parish OF
Orleans
The surety on lease is not released from his
liability by The fact that at the termination OF
the contract new one Is formed between the
thereby subjected to the landlords lien for rent
accruing under the last lease. Judgment af-
| firmed.
| Henry vs. Mayor and Administrators Of the city
Ct New @ Orleans appellants A from TIE
nira str o0ma.; parsn "a Of ,o1 ng
| the increase of the eity's debt does not prevent
| the issuance Of warrants under contract exc
| Guted and for work done prior to Its saaoptlon.
No. NJ s7la. City Of New Orleans VS.. j. B. Pigni-
ola and ~ appelanthAPDss from
No: ssos Mrs. 3. Hearing and =. areig vs.
pany, appellant--Appeal from the Fifth District
Court. parish OF Orleans. Motion to dismiss
| refused and time granted to make parties.
BY JUSTICE DE BLANC.
No. G72f. State ex rel Ella Smith ct ais. vs.
the Judge Of tho Second District Court. parish
Of Orleans.-RuIe nisi discharged.
No. 6754. Succession OF M. M. Dower. .Oppo-
sion OF Nash d Hodgson. appeilants.-Appeal
No. 641e. State Of Louisiana OK rel Louis FIX.
epeffan, liant e VS. 1 HerT9ni Eee9rder % sssAp
Orleans.
The cancellation of mortgages and privileges
proceeding against those in whose favor the in
scriptlons exist, and rnandamus will not Lie
to compel their erasure by the recorder until
No. 6l13. John b. Henry, Sr.,. vs.. G. Duvic and
I, L. Laresche. appellant, Appeal from the
Fourth District Court parish OF Orleans. Ap-
No. GAGS. Louis Fix, appellant vs. Succession
dns q Mrs 1';i 1Wid9W + Dierken.-Apgeal from the
Where, at the date OF an assessment. the party
In whose name the property Is assessed is dead,
and the notice Of seizure r. for taxes served
ceased person and not to his representatives,
sale by the tax collector is nuliity. Judg-
No. SAB. L, Augustin vg. Mr.. and Mrs. 2.
Ayila, appellants. Appeal from the Second
District Court, parish Of Orleans.
Court Upon the decease Of Mr.. Avila. his
widow and co-defendant qualified as tutrix of
sher minor child ard t vas put IN possession q
regularly adindicated TO her. This suit was
then transferred to and Rrosecutedin the Second
sion was closed at the date Of the transfer and
the probate court had no jurisdiction. Judg-
ment reversed and cause remanded TO be re-
transferred to Fourth District Court.
BY JUSTICE SPENCER.
No. 6s74 Succession Of Baptiste Doueart. On
ond District Court, parish Of Orleans. -
poen o ad 70 sss ahs
nsufructuary Of all the balance. the death Of a
t 5efofe that OF he estator stat gives rise to no accre
msnffaef 1aat &, the portion beaueathed to B. Judg
No; 80. Mrs. Emily I. Hart et al. appellants.
peal from the Sixth District Court. parish Of Or
leans. Judgment reversed.
Justices DeBlanc and Egan dissent
~ tonneli. appellants - kehearing refused
NO. 6Ils. samuel Lawson IT al. VI. Zachariah
Bruen, appellant Appeal from the Fifth Dis
trict Court, parish Of Orleans. Motion to dis
miss refused.
No. $685.. Wheeles & Pratt vs. r. Mr. Fisk. On
rule against Washburn, surety and appellant
Appeal from the Fourth District Court parish
OF Orleans.
As bankruptcy cannot be pleaded In this
court; though defendants assignee was made
party to this appeal, no judgment eauId be
rendered against him after his death unless his
heirs were also made parties Judgment re-
versed.
No. 1854. State Of Louisiana ex rel. Hoey L
OConnor vs.. j. g. Brown admipistrator, ETC.,
appellant. Appeal from the Third District
Court parish Of Orleans
, A public officer against whom a nnandamus
has been obtained, and whose suspensiye ap-
peal from the judgment making the mandamus
peremptory has been dismissed. il not pre-
ciuded from taking d voluti o appeal by the
fact that he has complied with the Judgment to
avoid being pu nished for contempt. Motion TO
dismiss refused
NO. 6735, State OF Louisiana ex rel Paul DOuI-