The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-03-06
supuEME COURT DECISIONS.
MONDAY. March s, 1877.
Present-All the Justices.

Present-All the Justices.
by CHIEF JUSTICE MANNING.
No. 6437-Charles Lafitte VS.. Morgan
Morgans.- Rehearing refused.
No. 6477-Stoughton Cooley VS.. Ell. H.
Broad ct als.-Rehearing refused.
No. 5159-Charles T. Howard vs.. VIM.
B. misunderstanding refused.
No. 6341-Josephine Johnson VS..
CLARK &c Notwithstanding refused.
No. 1888 Ocean Dry Dock Go. vs. J.
A. Stein ct ais. Rehearing refused.
No. 6516-State Of Louisiana ex rel.
N. st. Martin VS.. the Police Jury Of the
parish of st. Charles ct ais. Lessassier
Il Binder ct els, appellants. Appeal
from the District Court parish Of st.
Charles. Acquiescence in judgment
against them by police jury cannot
affect the right OF taxpayers injured
by said judgment to appeal therefrom.
A mandamus will not lie to compel the
levy of tax for the payment Of an I'M
liquidated claim against the parish
j alignment reversed.
No. 6546-Robt. Warrall, appellant, vs..
Jas. I'll. Vic kers; r. Murdoch, third OPP
ponent. Appeal from District Court
parish of sas.-Judgment reversed
as to opponent.
No. 6560-Alexander Anderson vs.
Mary A. Pike, tutrix, appellant. APP
peal from District Court, parish Of East
Baton Rouge. Judgment reversed.
No. 6455 -Rhoda u. White vs. Myra
G. Gaines, J. Q. A. Fellows ct ais, APP
pellants.- affirmed.
No. 6562-Jaeob g. Van Wick le, ap-
pellant, vs.. Alcee Landry. Appeal
from District Court, parish Of Pointe
Coupee.. The homestead act Of 1866
m
ventional mortgage, the property Of q
debtor who is within the requirements
of the act.-Judgmen affirmed.
Justice Spencer dissents.
No. 65N Philip Massoudet, executor,
etc., appellant. VS.. Mrs. Mary Clancy ct
al. Appeal from the Fifth District
Court, parish of Orleans. Motion to
dismiss refused.
No. 6531-Rernard SOULS, appellant,
VS.. Louis Ransom. Appeal from Dis
trict Court, parish Of St.. Charles. A
sale with right of redemption is not
Initiated by the stipulation for redemp-
tion price greater than the amount paid
Judgment affirmed as to the sequestra-
ton and in other respects reversed.
No. $40 james Gardiner vs.. s.
Dezutter ct al, appellants, Appeal from
Sixth District Court, parish Of Orleans.
Judgment affirmed.
BY JUSTICE MARI.
No. Subsidiaries A. Conrad VS..
Joseph Patzelt. James Jackson inter
venor and appellant. Appeal from the
Fifth District Court, parish of Orleans.
Movables which have been provisional
ly seized in suit for rent and released
again under the same writ; the lessor
ha n hn a III G a g a n OF
the property bonded than any ordinary
creditor, and must look to the release
bond for the satisfaction Of his claim
should new privileges have attached to
the property since its release.-Judg-
ment reversed.
Justices DeBlanc and Spencer dissent.
No. 4342-Mississippi Valley Trans
portation Co., appellant, vs.. Geo. A.
Fosdick Il Co., and No. 5000, Missis-
sippi Valley Transportation Co. vs..
Geo. A. Fosdick e Co., appellants, con-
solidated. Appeals from Sixth District
Court, parish Of Orleans alignment in
No. 4342 reversed, and In No. 5000 judg-
ment amended.
No. 604o-McCloskey, Bigley & Co.,
appellants, vs.. Winfield & Bridges. APP
peal from Fourth District Court, parish
of Orleans. A judgment rendered
the death Of one of the partners is null
II the representatives OF the deceased
partner are not made parties to the suit,
and the surety on the release bond
given by the partnership cannot be held
for the amount OF the acknowledgement
affirmed.
No. 6502-Joseph Jacob VS.. Robert L.
Preston, appellant. Appeal from Sixth
District Court, parish OF Orleans.-Mo-
ton to dismiss refused.
BY JUSTICE DE BLANC.
No. e578-Succession of Mrs. e. B.
Hardesty. Appeal from Parish Court,
parish OF East Feliciana. The Judge Of
the court qua must fix the amount OF
the bond In an appeal from a Judgment
homologating an executors account
Appeal dismissed.
No. a574--Joseph Larg,1ier. appellant.