The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-04-17
SUPREME COURT DECISIONS.
Present: All the Justices.
ny CHIEF JUSTICE MANNING.
-. MONDAY, Apri 16. 1877.


Present: All the Justices.
by CHIEF JUSTICE MANNING.
No 5sG7-succession of Daniel O. Byerly. Re.
No 543s Succession Of II. D. Cochrane. Re.
hearing refused.
No. 60O6-Amsey l.. slawson Vs. Robert J. Ker
Rehearipg refused.
No. 65l4-Jamts Innis vs. Fannie o. Oliver,
Widow Bienvenu. Reh airing granted.
No 66l2-Ines dc Ia Valliua vs.. Il. Fasnacht
appelant.-Appeal from Fifth District Uourt,
parish Of Orleans. Appeal dismissed.
No. 5373-Judsen, Fowler u Stillman Vs. H. u.
Stevens, appellant.-Appeal from Fourth District
Court, parish OF Orleans.
Where q person has sought the appointment Of
'iquidatipg partner" Of firm, and has qualified
and administered as such, he Is estopped from
DENYING that he was a partner of the deceased in
an action brought against him for the price III
goods sold to the firm. Judgment amended so
rs to reduce the rate OF interest to i've per cent.
No. 53s7-George w. Byrne vs.. Hibernia Ma
tional Bank of New Orleans, appellant.-Appeal
| from Sixth District Court, parish of Orleans.
Plaintiff agreed to pay whatever Il owed the
bank as depositor, aud upon a statement made
by the bank that BIS account was overdrawD,
gave his check for the amount stated. he now
sues to recover part thereof alleged to have been
paid In error, claiming that it VAS not covered
by his agreement. This sum WAS the amount OF
a note drawn by G, also q depositor OK the same
bank whose account was overdrawn, and which
had endorsed: "Credt proceeds to G." BIS
direction to put the proceeds to BIS credit bal
anced the latters account, and, rs a consequence,
charged BIS account with the note, the amount
of which became part OF the balance due by Is TO
the bank, and plaintiff under his agreement to
make good BIS deficit was liable therefor Juog-
ment reversed.
No. 6565-Succession of Nezilda st, Amans.-
Appeal from the Parish Court, parish OF Natchl-
toohes.-Judgmsnt reversed and case remanded.
No. 640O-Cty Of New Orleans, appellant, vs.
T-I.,, rft,un GotrN
Same vs. Edward Ader.-Appeals from Superior
District Court, parish OF Orleans.
The requirement of article 1l8 OF the Constitu-
ton, that taxation should be equal and uniform
la,ure from, nor deprive it Of the power Of di-
vidilg the objects of taxation into classes, but it
does require the imposition OF the same burden
upon all who are in the same class. The Legis-
ature ia, therefore, competent to demand q
larger sum as q license from the keeper of junk
store than that demanded from . wholesale
dealer and importer. and that body is competent
to delegate the same power to municipal corpora
tions.
Judgment reversed, perpetuating Injunction
and recognizing plaintlf's privilege on defendants
property.
BY JUSTICE MARI.
No. 5l5S-Ferdinand n. Goodrich, appellant,
We. Logan Hunton. Appeal from Fourth District
Court, parish Of Orleans.
This ia suit to have declared = nullity judg-
ment rendered against the present plaintiff in
favor Of the defendant several years since by the
court qua. Defendant herein, resident OF
Missouri, applied for and obtained an order trans
fsrring the case to the U. 4. Circuit Court The
proc. eding IN the same court, and between the
same parties to annul and prevent the execution
oil the first judgment is not the commencement of
q suit, but the continuation by an auxiliary ac-
ton Of the original suit and cannot under the
acts of Congrs ss 1885, 1866 and 1867 be removed
to the Federal courts. Judgment reversed and
Gaze remanded.
No. 6564-Frank Watson W. Ella r. Bondurant,
ex,. ct al, appellants. Appeal from District
Court, parish Of Tensas.
By the death of her husband, who resided in
Niesiseippi Mrs. BondurAnt was relieved ot the
dise bilities OF marriage, and had the right 70
acquire domicile Wherever she chose. Having