The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-12-19
SUPREME COURT DECISIONS.
Monday December ~, 1877
ny JUSTICE MhRR.

Court parish Of Orleans
Where all the parties to M attachment suit
agree to the appointment Of n keeper for the
properly attached. with power TO sell the same
and deliver the proceeds TO the sheriff a. a., o p,
suit are joined. and not o. rule against the
keeper alone, IL the proper form to compel the
latter. to render an account. Judgment re-
No. e7es Adolph sickman vs. .Cbas. A. Dia-
rnond ct ais. appellants: Appeal from The Sec
to dismiss refused.
No. 5ioo Geo L. Gettwerth vs. Mrs y. Hedden
appellant from The Sixth District
Court parish Of Orleans Judgment amended
by substituting for plaintiffs name that of his
No. s15s. Bertrand saloy vs.. Amos s. Collins
appellant.-Appeal from the Second Judicial
District Court, Parish Of Orleans. Appeal dis
No, 5127 Louisa Fredericks, turix ct A. va
Isobt. Fasnacht, appellant Appeal from the
Fifth District Court. parish of Orleans. Judg
tnent reversed.
BY JUSTICE DEBLhEo.
No GTTs. State of Louisiana vs. George Wash
ington, Thee. Page and Laura M. Lewis appel
lants. -Appeal from the Superior Criminal
Court, parish OF Orleans.
The presiding Judge having during the argtt-
inent interrupted prisoners counsel, and. con
ttadicting eounsel's statement that certain facts
had been proved. refused to allow him to dis
euss them. the ldict must be set aside Judg
ment reversed and ease remanded.
No e657. State Of Louisiana ey rel. James ID.
Houston vs. city OF New Orlenns appellant
Appeal from the Superior Criminal Court par
ISL OF orleans.
The approval by the Judge and clerk Of court
OF the criminal sherffs bill against the city is
not conclusive Of its correctness, and the sheriff
cannot compel Its payment by mandamus.
No. ee7s. State OF Louisiana va Moses Harris
ct ais. appellants. Appeal from the District
Court parish of lberville.
III the ignorance Of the Juror Is such that he
can understand neither the evidence nor the
law, such ignorance Ia n good ground for the
challenge of such juror, bnt not for the setting
aside OF the verdict. Judgment affirmed.
I-rr n,,IV ,ly. I,,,xt 4, q.
Railroad Company w. the city of New Orleans
appellant, Appeal from tho Sixth District
Court parish OF Orleans.
An appeal Is premature when taken from an
order directing an Injunction to issue upon
plaintiff furnishing bond for such amount rs
The court shall fix on, rule to be tried contra
dictorily with ali parties. Appeal dismissed.
No. o6sl. State Of Louisiana va. Daniel Shay
appellant Appeal from the Superior Criminal
Appellant seeks q reversal of the judgment on
the ground that correct list OF jurors was not
furnished him. many Of those whose names ap-
peared upon said list having been excused by
the Judge before his trial which fact he learned
triea had had been a empaneled This would have ave
been good cause for u continuance, but not for
setting aside the verdict The setting forth IN
committed is sufficient designation of the
place. Judgment affirmed
No. Bb46 Robert Worrel appellant. vs. Jas II |
yickers. H. Murdoch intetvenor Appeal from
the DISTRICT Court, parish CT Ien5as. On re-
hearing f Nahapa vs Samuel
ison. On rule against New Orleans National
Banking Association and others. appellants
Appeal from the Fifth District Court, parish of
Orleans, Judgment affirmed.
ny JUSTICE EGAN,
No. 6T31 Charles A. Harris vs. A. Dubuclet |
Treasurer. appellant Appeal from the Sixth
District Court parish of Orleans
Plaintiff seeks, by mandamus, TO compel pay
Of the State HOUSE. Fund Of certain warrants
drawn against that fund under act No Q Of 1875, |
which act provides for the purchase of the ST. |
Louis Hotel for State House. approprates |
s25oooo for the payment thereof, and provides |
one mill on every dollar shall be get apart of |
the general funds by the Auditor and Treas |
urer each year as fund to meet the purchase |
price Of said property. TINS act is violative of |
Che constitutional amendments Of 1874 directing |
OF licenses To be devoted soieip to tho expenses
OF said year for which II shall be raised apply
ing whatever surplus may remain after the |
the public debt, aud declaring that All appro- |
priations and claims, in other words, all debts.
shall b null and void and the State shall In no
manner provide for their payment"
The appropriation in question, was not for
the expenses OF the year nor Tor the creation of
u sinking fund within the meaning Of the
amendment. and the mere fact thai there is in
Fund" enormously reserved or set apart here
tofore as such, cannot entitle relator TO take |
any part thereof. Judgment reversed.
No 665o. John Anderson vs.. J. 4. Arnett and |
Wheless & Pratt. appellants. Appeal from
the Fourth District Court parish of Orleans. |
The rule that he who is surety for o partner |
shin does not thereby become surety for the in |
dividual members is inapplicabe in Q case
WerS s ees 1pg r asans" mt
ed against such members and not against the |
partnership, and on appeal from such iudg- |
fnent the bond is signed IN the name of the |
firm. Such bond must be construed, with |
reference to the Judgment, and thesurety there |
On considered as binding ,h hlmga not for the
member Of that firm. Judgment affirmed,
No. e7e3. Succession of Henry Tabarry, On
rule against executrix, appellant. Appeal from
the Second District Court, parish Of Orleans |
party alleging that the administrative is |
trenting and administering as property Of the |
succession that which is not, and that he has |
mortgage rights adverse to tho interests of tho
succession. cannot, by rule, provoke the revoca
ton Of an order obtained 10y tho administrative |
for the sale OF such propertyto pay debts. Judg
ment reversed.
son. Mrs A. b. Baranco intervenor and appel |
lant.-Appeal from the sixth District Court
parish Of Orleans,
cinc instructions. to collect tho rents and reve-
nues of property under seizure in his hands |
and weEs sne Wits e e 70
of the creditor by whom the first seizure was
mute, eaffffet he affected by the fact that he
whose seizure was the latest in date, had given |
them. Judgment reversed.
No. GAO. Succession OF Celestine Doryille, |
widow of Felix II. Loze. Edmund Dorville de- |
PENDANT in opposition, appellant. Appeal from |
the Second District Court, parish OF Orleans |
judgment amended. |
JUSTICE SPENCER.
No. 1891 J. j. Hayes vs. city of New Orleans ct |
ais appellants. Appeal from tho Superior Dis |
trct Court. parish of Orleans. Judgment re- |
versed.
EMO $500 John J. Hayes. appellant. vs.. Robt |
Brewster ct als.-Appeal from the Fifth District |
Court parish of Orleans Judgment affirmed |
No 66bs. Martin Soye w. NJ. A. Price ct ais
appellants Appeal from the Sixth District
Court parish Of Orleans.
,t,l with RI
nv must be administered when tho creditors or |
heirs Of age require it. But IL no such demand |
for administration is made the natural tutor |
Of the minor heirs OF the deceased may, as such. |
take possession and administer their interest, |
and any creditor of the deceased may, under |
art DOG G. p. bring suit for their debts against |
the tutor in the courss Of ordinary jurisdiction. |
Judgment affirmed.
No 64s6 Gest & Atkinson. appellants. VS.. New |
Orleans St Louis and Chicago lilroad Com
nany-On rule by j. ID Alexander. receiver. |
Appeal from the Superior District Court. parish
- eln