The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-28


Justices Mari, DeBlanc and Spencer.
BY CHIEF JUSTICE MANNING.
No. $685. State OF Louisiana OK rel. i. Whar-
ton CoIlens vs.. Allen Jumel. Auditor Rehear-
No. 7o9s William A. Elmore vs. Allen Jume,
Auditor.-Reh hearing refused.
No 712s. Lafayette Fire Insurance Company
VS.. Heike Eiben Remmers.-The applicatio
for rehearng of this cause was filed In time.
and with 1t statement In manuscript OF ths
reasons upon which the application is founded;
No time asked In which to file a printed
statement of the points and authorities ON
which the applicant relies. and none has been
filed. Rule * MAKE this imperative. For want
thereof the rehearing Is refused.
No. $3.50. Olympic Boisse and husband. appel
Appeal al from the bistret court parish Of Bos
sier. On rehearing. Former decree, reversing
Judgment Of lower court and remanding cause
No. TOSS. Jean Auge. appellant. ys; NJ. vario,.
of Orleans. Judgment affirmed.
BY JUSTICE MARI.
No. 671O State OF Louisiana vs.. Il. Boomer
and G. E. Girardey d Co.. appellants Appeal
from the Second Judicial District Court, parish
ACT No 81 OF 1871 created commission to To-
cate and purchase site for a State. House. In
the city OF New Orleans and drec ed that three of
Of the House OF Representatives. two by the
President OF the Senate. and two by the Gov
ernOr.
| and the President of the Senate made the ap-
poinlments as the act directed. and on the
same, day these five members OF he commls'
sion located, and agreed with the owners there
Of to purchase for the state part OF large
tract Of land for the purposes designated IN the
act. assumed the taxes due thereon. and gave the
| owne an order for 300 900 out of the $500 900
| appropriated by the act for the purchase OF the
| land and the erection Of the necessary build
This pretended commission. was not legal
! b jdy and had no power to bind the State. The
a"t required the appointment OF sey, n, mem mem,
had been appointed, five. being a majority
co | / have acted, but the appointment OF the
seven was .pre-requisits to the legal existenre
and organization Of the commission. The
owners of this property cannot. therefore
avoid the payment Of the taxes due upon 1t.
Judgment affirmed.
administrator, appel ant--.Appeal from the Par
ioh Court. parish II ST. Helena. on rehearing
Former decree, affirming judgment of lower
No. 5523. Louis c. Perret. appellant, vs.. Mrs.
Alice, King Appeal from the Sixth District
Plaintiff sued G. A. Weed. the owner of the
New Orleans Times, for damages caused him by
an alleged libelous publicatio ion in that paper.
plaintiff appealed. Pending that appeal King
transferred the paper to the present defendant
who was his vendee and creditor for large
amount OF the purchase price, and Mrs. King
assumed all the outstanding liabilities of the
said newspaper known as the New Orleans
This court. having get aside the verdict in the
libel suit and awarded damages to plaintiff. ht
seeks to render Mrs. King liable therefor under
her above assumption. That assump tinn can
not be 50 construed rs to include such claims.
| judgment affirmed,
JUSTICE DE BLANC.
No 69o2. Introduction of G.. NJ. Bowditch. Mr.
and Mrs. Fiske opponents and appellants.-Ao
peal from Second District Court parish Of Or
leans. On rehearing.
When a person dies after his Introduction and
his universal legatee appeals from the judg
ment Of Introduction. the testamentary executor
OF the deceased interdict is competent to repre-
sent his heirs. and citation of appeal upon hin
is sufficient
Former decree. overruling the motion to dis
miss, maintained.
No. 7149.- Louisiana National Bank vs. the
b ard of Liquidation. State OF Louisiana. in
tervenor AMI appelant.-Appeal from the Third
District Court. parish of Orleans.
In 1871 plaintiff loaned to the State $40 900 te
assist In stopping crevasses. A warrant fol
that amount was issued. and plaintiff purchased
Herewith. under act No. 81 Of 1872 certain bonds
belonging to the free schn col funds, which il now
seeks to have funded, or In default thereof tc
cause defendants to issue consols for the
amount Of the warrant used In the purchase o.
the bonds The purchase Of the free s"hoo
bonds being an absolute nullity (29 A. I'd they
cannot be funded, but the board should issue
cOnsos for the amount Of the warrant.
Judgment amendad