The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-03-23
ytJPhEME COURT DECISIONS.
M JusTTcE MARE.

EukhEME GUDltf UECAS1UADs
by JUSTICE MATR.
No. 5319--Mrs. G. q. Ehrenberg vs..
Mr.. and Mrs. Hy. Clarence ct ais. APP
pellants. Appeal from the Sixth District
Court @ 'ults parish of Orleans. Appeal dis
No. 654s- Mary D. Cooper and hus-
band VS.. SAINT @. Capped ct ais, appel
lants. Appeal from the District Court,
parish oil Rapides. There Is no mis-
ioinder of parties in q suit brought by
the husband and wife Tor the value OF
movables illegally and forcibly removed
from the premises OF the latter, and for
damages sustained by the former by as
sault at the hands OF trespassers whose
illegal act he was enaeavoring to pre-
vent, and in such case all the trespass-
ers are liable IN solido. Judgment
amended to $4,000 In favor OF plaintiffs.
No. 304S-John McGrath vs.. Jas. ID.
Houston, appellant. Appeal from the
Eighth District Court, parish OF Or
leans-Appeal dismissed.
No. 643S- succession of Fl. d. Cooh-
rane, appellant. On opposition OF Gath
crime Eichinger. Where bequest TO
minor, the amount to be invested for
her benefit until majority, is coupled
with the clause Gin the event OF her
death the donation to co." ETC., the
court will so construe the clause as TO
give 1t effect, and suppose that the tes-
tator meant In the event of the minors
death before his own. A donation to a.
B, .'for the benefit OF her little daugh-
ter" minor, is not Jtdei con1n,tssnH,
and Is valid-Judgment amended so as
to maintain both legacies.
BY JUSTICE DEBLANc.
No s557-Cbas. DeGreck & Co., ap-
peIlants, vs. Murphy u Cairns ct ais
Appeal from the District Court, parish
Of Tensas. Appeal dismissed.
No. G567 q. l.. Walmsley, appellant,
ys. Fl. O. Walker ct al.-Appeal from
the District Court, parish OF Grant.
Judgment reversed.
No. 5s22.John Ternoir, appellant.
vs.. DanI Weaver ct aI.-Appeal from
the Superior District Court, parish OF
Orleans. Where the object In dispute
is the ownership or possession, OF q
tract OF land, the land must be shown,
by affidavit or otherwise, to be worth
over $500, or the Jurisdiction OF this
court cannot attach to 1t. Appeal dis
missed.
No. 6317--Joseph Jouet, appellant, VS..
Mrs. e. i. Mortimer ct a.. Appeal from
the Fourth District Court, parish OF Or
leans. In executory proceedings the
the clerk, but the fact that 1t Is not
| issued by that officer, but by the sheriff,
though an irregularity sufficient to en-
join The SALE sale cen not avail TO annul one
already made under the writ.-J udg-
ment affirmed.
No. 6544 james Tnnis. appellant, vs.
Fannie q. Oliver, Widow Bienvenu. APP.
peal from the District Court, parish OF
Pointe Coupee. Judgment amended,
Diminishing plaintiffs supplemental pc
tition and decreeing him owner or the
land.
BY JUSTICE EGAN.
| No. 5314-A. Rochereau q Go. vs. VIM.
McC: Jones ct ais. appellants. Re-
| hearing refused.
No. G04O -McCloskey, Bigley & Co.,
appellants, VS.. Wingfeld & Bridges ct
al. Rehearing refused.
No. 6406-John Klein & Co., appel
| lants, vs.. =. L. Herwig, chairman, etc,
ct ais. Appeal from the Superior Dis
trict Court, parish Of Orleans. Judg-
ment affirmed.
No. 5351-Wm. Fl. Halle, administra-
(tor, vs.. McGehee, Snowden &c Violet,
appellants. Appeal from the Sixth Dis
trict Court, parish OF Orleans. An ad-
anced the accounts Of the factor or bro
ker of the deceased cannot attack that
settlement on the ground that he has
paid more than the pro rata due the
broker; he can only recover on the
ground OF fraud or OF error Of fact.
Judgment reversed.
No. 6579-S. s. Harrell ct al. OPP
ponents, vs.. B. Q. Quinn, administra-
tor, appellant. Appeal from the Parish
Court, parish Of st. Helena. The Par
ish Court Is without jurisdiction to in
int 1f
against succession evidenced by q
judgment Of the District Court, and
another creditor who opposes its being
placed upon the administrator account
should attack it in the District Court,
causing proceedings in the Parish Court
to be meanwhile stayed.-Judgment
amended 80 as to allow claim OF Mrs.
Quinn.
No. G5s9. H. P. Kernochan, appel
liant, vs.. Mrs. S. A. Pope, and
Mrs. s.: A. Conrad and husband
pellants, Observation-Disclosures from
the District Court, parish OF East Baton
Rouge-To hold a married woman on
her note and mortgage it must be shown
that the judges authorization to her to
execute said document preceded the
contraction of the debt by her. Judg-
| ment reversed and case remanded.
BY JUSTICE SPENCER.
No. G3O1-State Of Louisiana vs. Jas.
Augustin and Frank Paul, appellants.
| Appeal from the First District Court.
| parish Of Orleans. Where two or more
crimes result from a single act or fact
but one indictment will lie, so party
having been convicted Of horse-stealing
cannot afterwards be tried for the lar
ceny Of the wagon to which the horse
was harnessed when both were stolen.
Judgm ent reversed.
No. 627O-Mrs. M. A. Laloire and hus-
band vs.. P. s. Wilt & Co, appellants.
Appeal from the Fifth District Court,
parish of Orleans. The Pledge Of a
promissory note which is for a larger
sum than the amount it is intended to