The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1877-07-27

sOOVu AA<syS ACss JSs0AAASssSi VS.; ~S''
idered on. I'd June, 1877. Held, '"The
distraction has now become familiar
between laws that impair the Obliga-
ton 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 rem.
edial in it's character. If before Il final
decision in such proceeding, new law
interviewed which changes the form,
such law will operate upon them. The
mode of executing a judgment belongs
to the future, and II new law will gov
efn it," = N. S., 259; IL L., 47G; r..
585. An laws are considered promul-
gated thirty days after their publication
in the State Gazette, and the promul-
cation, in such journal will be presumed
to have followed immediately upon the
passage Of the Act, unless shown to the
contrary. Judgment affirmed, which
refuses the assessment and tax. ., ID.
ID. b. Martin vs. ID. B. Foy.-Pro-
ceetliug by sequestration. Motion to
dissolve, because ttplaintiff had no lien
!or privilege; defendant was not about
to-. part with, &c; that plaintiff had no
cause to fear that defendant would part
with, &C.; and because plaintiff did not
state in his affidavit the facts which
induced his apprehension" The aft
.lavit is, "all the facts charged in above
petition and allegations made are true"
The allegation is that che has reason to
fear and docs fear that defendant will
conceal, part with or dispose, &c.
Held, the affidavit is good the recital
~ facts or circumstances which induced
| Misrepresentation the existence of which
| is sworn to, is not necessary to be made
| in the affidavit or petition. Judgment
reversed and case reman,led.
John A. Hunter ct al. VS.. II. II.
Buck ner & Bro. ct al.-Wherc an act
of sale recites that the money was paid
in full, and the ventlee mortgages the
land to II creditor who acts in good
aith, he will hold his mortgage against
the vendor who seeks to enforce the
tirmed.
+ JUSTICE MARI.
State vs.. James AtkinsOn.-When
the case was called for trial, two juries
were out and verdicts not rendered on
these two juries were five only of the
regular venire. -Four of the regular
venire in the meantime were accepted
on the trial and the box exhausted
the court ordered tties jurors to DO sum-
noned for the next morning and court
,,djou ned. The two juries had rem
dered their verdicts, and the five regu
lar jurors were present when the case
was resumed for trial. The Sheriff began
to call the tales jurors, and accused
moved the court to order into the jury
box the five venire men; the court
Of one Of the four regular jurors and
eleven of the tales jurors. Held, there
was error; the accused was entitled to
have the five jurors called otherwise,
il at the opening Of the court the next
morning, the two j,lries had still been
out, in such case the tales jurors must
be called. Judgment reversed and case
demanded.
Thos. G. johnson VS.. a. Weinstock
and Nj. Cohen, third Where
no bond has been given, the appeal is
not perfected the appellant may have
the order revoked and obtain II new
order of appeal within the year and
where bond has been given and citation
has not issued, in cases where citation
is necessary, appellant may Oh motion
Withdraw his appeal and renew it
within II year. Judgment reversed.
Chafrc a. Bell, assignees, VS.. ID. II.
MoOre.-Note transferred before nlatu-
rity. Maker who leaves money in
hands of the payce, who transferred the
note before maturity, makes him his
agent, and if the money Is not paid to
tallsferee the maker must look to his
agent. Where there is II stipulation in
an act of mortgage to pay attorneys
fees, but no rate is fixed, proof is neccs-
.sary to authorize the allowance. Judg-
lnent reversed and Judgment for plain
tifIs.
w. A. Ransom l. Co. VS.. Scticcu Il
Bradley. Suit to hold defendants lia-