The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-01
SUPREME COURT DECISIONS.
MONDAY. April 80, 1877.

SUPREME COURT DECISIONS.
MONDAY, April 80. 1877.
Present: All the Justices.
nv CHIEF JUSTICE MANNING.
No. G56a j. O. Van wickle vs. Alcee Landry
Rehearing refused.
No. e270- nrs. M. A. Lahore and husband vs.
r, 81. Witg h Cor hearing refused.
No. s4gl-Thos. OnR Vs. the sheriff Of the par
ieh Of NJ. Bernard et sl-akeheaflng felueeo =.
No G9hT = Succession Of Francois Lacroix-ur-
der dismissing application for rehearing main
tanned. .
No. 6e2s Frank Mayeur va. D. Bloomfield
Co.. appellants from the nifs Ia nls,,io'
Court pariAh OF Or cans. Judgment athfmeh'
4 No G50b-state ex rel. Exchange Bank appel
LIANT, w. Board Of Liquidators. Appeal rom
the Superior District Court. parish OF orleans.
Under the act OF 1876 supplemental to the Fuhd.
inp Act providing that no bones or warrants OF
dale anterior to January "a. 1874, the Legality OF
which had then been, or might thereafter pe,
questioned, phould be funded by the board uhA
they shoud have been declared ~ ,ne sap.s ns
sgainet the State, The board is without power, III
the Absence Of dec ee Of this coursS sustaining
their validity. to fund The bon which that set
separates from the general mass q ate OBJ
gallons and puts under suspicion.
The relatof'4 bonds were among those enumef-
ated In the act Of 1875 IA questioned, and the
only warrant of the b ard for funding them wae
the sanction of their validity and Legality atteated
ereh decree there was no dereliction vi duty by
the board, and nothing but it's refusal to do its
duty can authorize the issuing OF mandamus,
the essence Of which is the enforcement OF right
already ascertain ed, and not the Entertainments OF
a noasbe right. The holders of such bonds must
frst have their validity determined by direct
action before the board can BE- called upon 70
fund them. or mandamus issued to compel SUCH
funding upon its refusal 10 effect II. Judgment
reversed 80,
Justice Spencer delivered concurring opin-
ion.
Justice De Blanc dissents.
No. GGt3-A, d, Dorioeonrt, appellant, We.
Francois Lacrok-Appeal from the secohd Dis
trict Court. parish OF Orleans.
II a suit hy the purchaser for damages for non
fu1fment OF a contract IT Gale, claim Tor re-
mote or coDafuuen isl damages, or for prohta
which might have been made had the contract
been completed, or damages FOR supposed prohts
based on the speculative opinions OF witnesses,
will not be allowed. The Images to be awarded
are those arising, according T., the USUAL course
Of things from suoh breach of contract itself or
such ma may reasonably be supposed to have been
In contemplation of both parties, at the Tune
they made the contract, as the probable result o.
the breach OF 1t. Judgment reversed ana BOW
awarded plaintiff.
No, G454-Thonaa Mcclellan, appellant Va
Chas. Germaine. Appeal from The skin District
Court, parish Of Orleans Judgment amended.
No 643o-suceeasi n Of q. h. Marc -on OPP
position uf Soye Il aayarre-hlra. Marc. exeeu
trix. appelant-Appesl from the Second District
Court parish Of Orleans.
The widow in neeessltous circumstances ~ en-
titled to the gratuty of $1,000 provided by tho act
Of 1874 even though she have lived in con-
cubinase with the deceased prior b. the marriage,
the cell bration of which accnrred at his dea b
bed. The dc I'll use widows portion primes All
priyileues. except that Of the vendor. created
previous to the husbands dBa'h. judgment
amended
No. G524-philip Mareoudet executor, ETC., ap-
pellant, va Mra. Mary CLANCY, ct aL-Appeal
q ts.flE Mats ,H IA nj aa "a
Judgment affirmed.
ny JUSTICE MARI
No. f6l5-John Uptereiner vs. VIM. Miller and
l., Halter, appellants--Appeal from tho Fourth
District court, parish OF Orleans. The time
Fixed by law withia which an appeal may be
taken cannot be extended by agreement between ~
the parties, aud the Court 10 bound, er Qtcao. to
take notice OF the want of jui isdcton patent on
the face OF the record, although the parties may
consent not to iaise the question. Appeal dis
nieeed.
No. 615s-Oatherine Jones, appellant. va. Jo-
seph Henry,-Appeal from the District Court
parish of Natchitoches. On reheariug. Former
decree set aside and judgment or lower court
affirmed
No. bssl-E. Marquee & Co., appellants, vs.
4. Fernandez & Co-Appesl rom the Fourth
district Court, parish of Oflt ans. The article OF
She Oode prohibiting the proof by parole evil
dence OF promise to pey the debt OF third
person IL limited to collateral undertakings, as
surety or Ruarsntor, and does not apply to the
promise OF a dtb.or to pay the debt, or part Of
1t, at the request uf the creditor, to some other
person. nor 10 promise 20 pay over 70 shi.a
person di. Getting such payment; so the liability
OF the drawee OF bill OF exchange may be
proven by his acts and declarations Without
writing or formal acceptance. Judgment re-
versed.
By JUSTICE DE BLANC.
Ne. Standardization of Mrs. Pauline Ian.
dreaux, wife Ct Justus FRANKIE. Mrs. FRANKIE ap
peliaut.--Appeal from the Second District COURT
= parish Of Orleans. On Application for rehearlng
TO Justify sentence of interdiction three causes
are Indispensable: First-The undoabted inca
pacity TO manage ones estate Second-rht
absolute liability to take care OF ones person
Third-An actual and unavoidable necessity tt
interdict Rehearing refused.
No. 65Ss- Succession Of Jean salvant. On op
position of Joseph and Charles Getztnger. L.
Forsyth. administrator, appt llant-Appeal from
the Parish Court, parish OF Jefferson. Judgment
reversed.
No. 4s5T-s W. Hammond. appellant. vs.. Pc
ter R1ss ct ais, IA eoncpuso, Appeal from the
Fifth District Court, parish Of Orleans. Juag-
ment reversed.
No 5iol-Prosper Grelet vs.. Paul Doullut
appellant. Appeal from the Fourth District
Court, parish Of Orieans. Judgment reversed
and case remsnded for further evidence.
No. 5940-Citiz ans Bsbk of Louisiana vs. VIM
r. Mills appellant Appeal from the Superior
District Court, parish of Orleans. Judgment
affirmed
No 5iTS-R. G. Latting, appellant, vs. Fass
mas, Bryant Co.-ApPesi from the Sixth Dis
trict Court. pstish of Orleans. The prescription
y OF two wears from The lime when the csuse D
action accrued against the bringing OF a suit b,
or agar st the assignee of bankrupt q 'es moi
apply where the assignee merely seeks to make
himself psrty to proceedings insti uted by tht
insolvent prior to his bankruptcy. Judgment
reversed and case remanded.
By JUSTICE EaAS.
No. ,s6i6-s. M Todd ct al, lquidstors, etc.
va. n. !. Merse, appellant Appeal from the
Fourth District Court, parish OF Orleans Where
defendant ia sued for certain percentage al
legged to be due on stock note, it must be ascer-
tanned whether he is q stockholder, AMI an ap-
peal win lie from judgment Ia such suit even