The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-08-07
SUPREME COURT DECISIONS.
Decisions Rendered by the supreme Court
I'm Session at Monroe.
by CHIEF JUSTICE MANNING.

by CHIEF JUSTICE MANNING.
Sarah l.. Lay ct al. va. succession Of Elias
O'Neil.-Aotion TO recover money.-A judgment
homologating provisional account is not bind
ing on the minor he may object to them aftel
the termination OF the pupilage, even though the
under-tutor was cited and appeared for him. The
plea of res j.tScdtd cannot be opposed to mnol
who was represented by an uuder-tutor when OIL
account was filed !: but as to the heir who has at
tanned majority or married and was cited, and
paid. the judgment homologatiDg the account
may be pleaded as the thing adjudged, and sucf
payments may be pleaded IN bar of any
future action. Art. 355 @. @. does not ap
ply to case where an account was
rendered, and after each heir, successfully
marrying, had been cited and received pay.
ment this would be uni ust and reprosoh the
payments cannot be repudated. Article l49 o.
the constitution OF 1868 is not an act OF grace
which made valid judgments rendered during the
late civil war The trainers OF the constitution
of 1868 were not unmindful of the rule that q
government was entitled TO obedience II 1t had
the power to enforce 1t. This article OF the con-
stitution was only the recognit on OF the rule,
and does not impart to judgments the quality oil
finaty aud irrevocab,iity; they are like other
judgments rendered prior to 1861. During the
late war, where tutor exercised extraordinary
prudence in the administration OF his wards
property by outstanding it, he was authorized to
expend more for the minor than his revenue.
Judgment reversed, reservipg certain rights.
by JUSTICE EGAN.
L. A. Weber vs. VIM. Wilton--Ti,le to Office of
sheriH.-Under the American eystem, the whole
object OF election laws is to secure the great end
OF carrying out the popular will. Tie funda-
mental principle or American and OF Louisiana
law is that It is the casting Of the votes unim-
peded BY force Or fraud which determines the re-
suit of elections. There is difference between
the act OF voting and the police provisions to se-
cure the evidence OF the act. Where the supsrv-
sor OF registration failed to give public notice of
n nP fhn ,r,in
soners. issued false and fraudulent certificates of
registration to veters. failed to appoint polling
places where required, he was guilty OF fraud;
and the casting OF such illegal votes, such as
strike from the registration lists the names OF
voters who had died, vitiated the election, and
such conduct defeated the popular will and
changed the result of the election. Judgment
reversed, and plaintiff declared entitled to the
office.
MANNING ON REHEAR1NG.
In all contested election cases, the principle In
to ascertain the will OF the majority; tho vote
must be free, the record and return correc'. In
every case the contestant must show that the
acts OF which he complains changed the result.
II the acts do not change the result courts will
not interfere. In representative government the
fundamental principle is, not The return, but the
election that entities q party to Office The return
OF an election is prima facie evidence OF lite legal
ity, but courts may go behind it to ascertain the
true state Of facts Vot ng is not an emp FORM
1t is the lever by which the majority raises itself
to the summit OF government, and there con-
trolls, orders. executes. Where notice was given
Of the election, but no indication Of the poll
ing places was given until within twenty-four
hours of the election the election ia vitiated and
such acts changed the result. RehearDg re-
fused.
John III. Scheen OF al. Vi. Robert Stothart ct
al-Streets, dedication, NEUTRALITY-SUSPICIOUS. are
hors de commerce.; they are the property OF no
not - flnr thntr