The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-08-02

Decislons Rendered by the Supreme Csurt
While In Session at Monroe.
cHIEF JUsTIcE MANnIkn


Succession OF c. B. THOMPSON Opno.;,io, ~
nelrs 70 hnal aecount.-An opposition TO an ac-
count 10 not the forra OF action to be pnrs,red t
annui q purchase by one who 10 said 10 be an in
efposen person whose purchase Ia for the benefit
OF an administrator who cannot purcbase. Judos
msnt reversed, opposition sustained. and rieht
reserved TO heirs TO institute an action OF nnJtv
OF sale made by administrator.
succession OF q. H. b. Bofenschon; an oreo-
stion to final sccount.-The money on n no,;ng ~
life insurance IN favor Of the wife and eLildre,,
iofm3 no part or the community and cannot hs
used to pay community debts. An adniniatrstor
Is required to prove every item of his account
under general opposition. A foreign GRADER
who transacts business under the name and firm
OF ana Company" or "and Co." and who alone
eomposes the firm does not fall Within the nrobis
bitlon OF the law OF Louisiana on the sniiF ri
anu may seek rehsf In The courts OF Louisiana
creator loses bis vendor 3 privilege when tho
property is sold confusedly with q mass OF other
tnings ana the proceeds become nndstinpuisba
Die from tho others. Privileges must be recorded
10 I.i;a aiiscs 1hird persons. Judgment aft mod
Jniins Ltss0 vs parish OF hed Riyer-The act
OF the General Assembly OF 4tb March 1870
author z'ng the police jury Of Red River psrisb
10 Issue bonds to build q courthouse coataro-
plates some action on the police inry. order
ing tnat the ponds shall DO issued; fixing the de-
nominations." This was not done; the bonds
had no existence. Police jurors can exercise no
powers except such as specially conferred. and
IT'S fundamental principal that "all persons
contractng with o municipal corporation must,
at their peril, inquire into the power NJ ;ts nfg
Gers to make the contract; and contrant hsvond
tne scope OF the corporate power is void" Jude-
ment affirmed.
Mechanics Building Association vs. @. L. Fer
gnson; ). y. Pugh, third opponent.-The holder
missory note as collateral security is entitled. to
the extent OF his debt, to all the rights of bona
Jde hoider for value, and is for all practical pur-
poses poses " the owner Of the obligation. ''The assign.
meht OF debt by whatever form Of transfer car
fies With ii any bill noto by which IL is secured:
ana such transfer carries with ii all securities for
ITS payment, whether mortgage or otherwise"
I6e erasure or cancellation OF O mortgage By o.
recorder viii not bind the mortgage when done
without his knowledge, and he may enforce his
nights. Judgmect reversed; ordered that Pugb,
third opponent. be paid by preference.
Jonn W. Carnes vs. Parish Of Bed River-Plain-
ht, the sheriff. sued for fees due by the parish
aud prayed for q Judgment ordering an asseas-
ment and collection oG tax to pay it. His peti-
ton Was filed April 80, 1877. Act No. Sc, extra
session OF 1877, p. 81, approved April TO- 1871
peaied the Law authorizing suc1 tax TO be levied.
Tbs act was In force in Red River parish on the
thlftiesh MAY, 1877; Judgment was rendered on
tho second June, 1877. Held-'Ths distinction
has now become familiar between laws that i'm
pair the obligation OF contracts and those that
modify or alter the remedy for the enforcement
OF the obligation. A law that regulates the form
OF Judicial proceedings is remedial In its charac
ter. Ii before final decision in ouch proceeding
a new law intervened which changes the form.
such law VIII operate upon them. The mode of
e4ecnt,nR Judgment belongs 10 the future and
a new law will govern 10" IN. s., $50: iii arg:
l Il. e65 ' - O'' 4'''
JUSTICE SPENCER.
STATE vs. Wm. Cobert.-A party accused can
not De punished for two distinct offsnses growing
OUT o. the same act. On re-hearing, cause re-
rnanded to hear evidence on that question.
EDWARDS and husband va. M. A. Edwards eE
fId n,k
nuiilty within one year cannot be pleaded as res
,dacotd to the su!t for nullity; otherwise, the
lsfnce OF the Judgment would be ct one and ths
same time the foundation and destruction OF 9
law has 10 authority, as such, to confsss iudg~
nent. married woman cannot confess ju5g-
nent for debt Of her husband. "A, 8, 506; IL
T., $50; II A., l65; Is A., 628.