The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-01

though The percentage sued for Ii less than $500.
II The note exceeds that ainounts Motion 70 dis-
miss everruled.
barlh Il Joseph, appeiiants.-Arpeal from the
Fifth District Court, parish OF Orleans. Jnag-
ment affirmed with 10 per cent damages.
No. 5406-Mis. A. l.. Brasher and huseano'
appellants, vs. hrs Charlotte NJ Oonner..4pse
peal from the Second District Court, parish OF
orleans. The institution, ~ heir at law, OF
suit to annul will amounts to simple accept
anca OF the succession, as does also the seiiihg
to another OF ones interest 80 heir 10 success
sion. and where all the heirs are OF age anu
have so accepted, no administrator ls fequireu.
Judgment reversed and case remanded to tHect
partition.
No. 64l7-Larayette Fire Insurance Company
Va. II. u. Remmers. appellant Appeal IRON Inc
Fifth District Uourt, parish OF Orleans:
Il il competent for the Lsgs ature to change
the boundaries Of parishes. but not Q. Jhalciai
districts, at any time, and the sixth mnhieipa.
District having been made part OF the parish Q,
Orleans by act No. of 1870 (extra session haa
already become subject to the iuiisdie ion OF the
district COURTS of New Orleans PRIOR to act NO 90
OF 1876: Che attempt in the latter act 10 make u
part If the Second Judicial District is IN d'rees
| violation Of the constitution. Judgment afhfmea'
No G595-succession Of DIR. Rnchum Castro,
ON opposition of l.. Msriuo, appellant. Appeal
from the second District Court, parish OF or-
leans. Judgment affirmed. =. -
No. G57O-Mary l.. Hsryin, appellant, vs. Won
& Oerf Appeal from the District Court, parish
| of ct, Helena.
The statute of 1866 does not prevent married
woman from morlgaging her separate properly.
Liz done with tile husbands consent, without the
| authorization Of the Judge. That act merely
places the wife, who has complied with IL
on the same footing as a fene sole and her con
| tract under ID is full proof against her, WINE
| those who deal with o married woman NOT so au-
thorized are bound to zee and show that the con-
tract made with her enured TO her behe !, III.
l 1, t- hair apntrEntn. UnCp the
exemptions made In their favor by The home
stead" laws. and no consent can render pro- cry
empted BY those laws, liable to seizure and sale
for the payment of the debt to secure when u ls
mortgagea Judgment reversed 80 tar as 1T en-
forces the waiver OF the exemption.
| Justice MARI delivered a coneuriing opinion.
| Chief Justice Manning, Justice Spencer con-
curing with him, delivered dissenting opinion
BY JUSTICE SPENCER
No Ge97-Iauise A. de sentms nat. wife, etc, vs.
Nelvil Saue. Wow j. Seghefs ct al, appeilanta :
Appeal from the Fifth District Ooutt, parish OIL
| Orleans.
On March I, 1872, plaintiff took q final indg-
ment by default against the defendant, who
had been personally cited. No notice OF TINS
Judgment was served on defendant, though II
was for an appsalabe amount. IN FEBRUARY,
| 1877, appellants alleging injury to themselves az
| creditors of the defendant, applied for and
brought up this appeal. Held hat the delay
| within which the app al could be taken by the
defendant not having begun to run AGAINST him
on account Of the want of notice of Judgment
seryed upon him, his creditors, exercising his
riphts. could also appeal Motion to dismiss
overruled.
No 500 -stoughton Cooley W. II D oad ct
sls., appellants Appeal from the rum district
| Court, parish Of Orleans. Owners OF stesmonats
| entering into an association between themselves
to which they furnish specified capital, agree
ing TO divide profits and losses in liked proper
tions and engaging TO carry freight and pas
sengess for hire, become members OF com ler'
cal partner ship, and are liable IN sotdo Tor the
debts of the association. Judgment affirm q.
No GB08 Succession Of James Oloney. james
Grenon. appellant Appeal from the SECOND
District Court, parish Of Orleans. Though 81
executors account IL not opposed, he should 81
least offer proni sufficient to render probable It's
correctness. Judgment reversed and case re-
M ndad :.
No GB3D-Bsgile Darthe va. succession OF j
trict court. parish OF Orleans. Judgment af
frmed.