The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-15
SUPREME COURT DECISIONS.
MONDAY, May IA, 1877.

by CHIEF JUSTICE MANNING.
No. 6417-Lafayette Fire Insurance Company
ys. II. Il. RemIners. Rehearing granted.
No. e5T9-Succession Of r. g. Quinn. Oppos-
tions Of D. &. Harrell ct al. Rahearfng granted.
No. 6432-Heath, Pippey Lara vs.. q. Il. Her
wig, chairman, etc. ReheariDg refused.
No. 5373-H. B. Stevens Va. Judson, Fowler u
stillman; Eehear'ng refused fused m;s.;..nni
Central Railroad Company. hehearing refused.
No. 656s Succession OF DR.. j. G. Patrick. Re-
No. 5i5s-Ferdinand NJ. Goodrich vs. Logan
Hunton. Rebearing refused. ru.., y.
No. 6l4O-Succession OF Drauzin Iriche. he
No. e5e4~Frank Watson VS.. Mrs. E. r. Bondu-
rant, executrix, etc, ct ais. Rehearing refused.
No. e565-succession Of Nezlda ut. Amans
Behearing refused.
No. G475-Maryin's Safe Company vs.. Gaus
threaux h Wright. Relocating refused
No. 5347-George w. Byrns vs.. Hibernia Ma
tonal Bank OF New Orleans Rehearing refused.
No. B35i-Willam Fl. Hale, administrator, vs.
MoGahee. snowden x Violet. Rehearing re-
fused. 49,
No. 5407-The Workingmen's Accommodation
Bank, appellant, w. Geo. L. Converse ct ais.
Appeal from the Fifth District Court, parish Of
Orleans Plaintiff sues on q bond in lts favor
conditioned on the faithful performance by the
principal of the duties Of paying teller As the
requirements OF the free banking act OF 1875 have
not been complied with, and the general incorpo-
lied in accordance with their provisions from en-
gagipg in banking business. plaintiff cannot sue
% political body, and can sppear In court only
in the individual names OF the members VINO
compose ii. Judgment affirmed.
No. 662t-State Of Louisiana ex rel. A. Bonnet
ys. John g. Tully, Judge ddhoc, Second District
Court. Mandamus refused:
No. 6340-succession OF Philip Drumm. appel
liant. Opposition OF Richard Lloyd. Appeal from
the Second District Court, parish OF Orleans.
r. nx-x
No. 661t-Mrs. Ann E. Green VI. Miss Ann
Oonery sppellant.-Appeal from from the Fourth
District Court, parish of Orleans. Motion to
dismiss denied.
Opposition of Mrs. A. Richard, appellant.-Ap-
peal from the Parish Court, parish OF st. Charles
On reheariDg. Parish judges have not the right
to homologate the accounts OF executors I'D
chambers. II must BIO done IN open court
Former decree reversed and case remanded.
No. 54O2-J. Fl. Montague ct al. w. We'll Bro.
appellants-Appeal from the Sixth District Court,
parish Of Orleans. commercial partnership OK
sts, for the purpose OF its qudstion after it has
been dissolved, and the former partners may be
s,,ed in the court of the firms domicile on the
liabilities of the firm. The payment OF the rent
stipulated in new lease the signing OF which
they have deferred, by the lesaees occupying the
premises under former one, Ia evidence OF their
considering the new lease complete ana 'hey are
special notice of the dissolution OF firm
should be given to those who have had dealings
with it. Judgment affirmed, subject to certain
credits.
No. 64fe-Rridget Reardon. wife, ETC.. ct al,
appellants, ". Daniel Moriarty OF al.-Appeal
from the Sixth District Court, parish OF Orleans
Judgment amended.
Justices Mari and Egan delivered concurring
opinions.
with him, delivered dissenting opinion.
No. G637-Josephine johnson vs.. Clark q
| Meader ct ais, appellants. - Appeal from the
Fourth District Court, parish Of Orleans.
| The dismissal Of an appeal for want OF sufh
| cient bond does not preclude the appellant from
| taking second appeal ii done within the year
Where defendants being notified by the sheriff
that unless writ against them was satisfied by
certain hour he would seize and advertise foi
sale their stock in trade, and to avert this seizure
| pay the amount claimed and Immediately TAXI
steps to stay the fund in the sheriffs hands; Thu
payment ID not ouch an acqu1escence IN the
| Judgment IS will prevent them from exercising
the right OF appeal.
No. 6324-state Of Louisiana, OK rel. New 4or
| Guarantee and Indemnity Co., appellants, vs.
| The Board of iquidators-Appeal from tho su
perior District Court, parish OF Orleans.
| This ia m application for o mandamus to COM
pei the defendants to fund bonds. issued to thu
Mississippi and Mexican Gulf Ship Canal 90. Tn
court adheres to it's opinion in the case OF the Elk
change Bank vs.. same defendants. Judgmen
| affirmed.
Justice DeBlanc dissents.
No. 664o-Hugo Kedwitz vs. E.. Waggaman
Sheriff, ct als. appellants-Appeal from the Fift
District Court. parish Of Orleans. Appeal dis
missed. ;,
Mendenhall & Kitchell.-Appeal from the Fourt
District Court, parish OF Orleans. Judgmen
| affirmed.
No. 4692-James Reid, appellant, vs. Louisiana
State Lottery Company.-Appeal from the snpe
SO hrtn ar
Intended to show the assertions and statement
OF one OF several co-conspirators are mao
Missile il written subsequent to the accomplish
ment of the purposes OF the conspiracy. JUG
ment reversed. =. n.
Justice Mari concurs as to the facts, but die
sents as to tbs right to sue for prize won iron
defendant.
BY JUSTICE MARI.
No. 65O9-Widow J. @. de st. Romes, appellant
| va her creditcrs.-Appeal from the Fourth DIS
trict Court, parish Of Orleans. Where there
good ground to believe that appellants counse
considered the copying into the transcript OIL COT
tain evidence as being dispensed with by a
| agreement between counsel, though the evidenc
| 81 omitted is not covered by the agreement IN
| anneal will not be dismissed without allowing az
peiant the opportunity OF supplying the omis
sion. Motion to dismiss DENIED, ana aPpeh"u
ordered to complete transcript.
| No 649o-D. IL j. d. Edwards, appellants, 7s
Fairbanks & Gilman; John Coleman, appellant
vs. Fairbanks Gilman; q. Cavaroc 5on W.
W. 2. Harper, sheriff. ct al, appellants view VI
leans Mutual Insurance Association, intervene
and appellant from the Iifta Dlstrc
Court, parish of Oreans Judgment aflrheo n
No. 6249-John V. Sewer, appellant, Vs.. j.. h
Gordon, wife Of G.. L. Thompson.-Appeal iron
the District court, parish OF Iepsa ., .;.,o
The demand by suit OF JUDICIAL Parhtion
, an acceptance, pure and simple. OF the success
sion by the heirs, and the right of creditors Q
the succession to provoke the separation Of patf
snch acceptance; and where the creditor Of tn
succession has not 80 caused the separation ever
} personal creditor of the heir put in possesslo
, by the partition has the right to seize and sc
the portion Of such heir, and the purchaser {
the heirs interest cannot be held liable for b
virie share Of the debt Of the estate. Where th
, purchaser of such heirs interest promises to pa
bis share of the debt, believing the property sol
to be liable therefor, there is such error in th
motive as makes the promise void. Judgmer
. affirmed.
, Justice Egan delivered concurring opinion.
Justice Spencer recuged.