The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-07
SUPREME COURT DECISIONS.


HO. btDH. buCgeHSRbB III "a. Hyht'S, W.. va
oppostions TO account OF A. d. Letnee, syndic,
appellant. Appeal from the Parish Court, par
ish Of Natehitoohes.
right to select q lawyer to try the case when the
ground OF recusation is personal interest When
the wife Of hejudge. though, separated In prop
or to select q lawyer to try 1t.
No. o sess. sue s Of T. Il. Lspplsman. On
peal from the Parish court, parish Of Hast Fell
ciana. ~.
A woman whose father is worth $4,000, with
only three heirs. cannot claim the marital por-
tl2n allowed by article 2sss Of the Syl Code
No esss. The Slate ok rel. Herbert geale Va.
the Recorder OF the First Recorders Court OF
Reator applied for writ Of ce,tiorari com 9, :.
manding the respondent to send up to TINS
before him, wherein relator Is charged with
Violating act No. OF 1874 relative to the unll
censed sale Of lottery tickets. He alleges that
1t confers judicial powers upon the RECORDER
and prevents u trial by jury. no appeal will lilo
from he Judgment Of said RECORDER. p..a.,.a
providing for the granting OF the writ, Of
Ger tiorari ms applied for here. are controlled
by the constitution, according to which this
court he's appellate jurisdiction only. except Us
to the issuing Of writs Of habeas corpus In
cases where appeals would lie.
s s M spa sbs an H Habsnd
ants Vs. haphae msb9r Wan, d from
No 7o23. Slate OF Louisiana vs.. james ".
White, appellant; s., Appeal from the District
Conrt. .parieh Of West Feliclann.
offered re ii support ID II On Application for change
of venue cannot be- reviewed on appeal.
A now trial will DO granted whom, under IN
jury. without qualification. that unless It was
shown that the homicide was committed In
actual combat and soulll' between the two
parties, or while they were clutebed, 1t WAS
not done In the heat OF passion. but through
malice aforethought.
s5, zsssr ys aand
ct ais. appellantts.,n,Appsal from the District
Court, parish OF East Felioiana' Judgment
No. 7o4o. Mrs. II. J. Mitchell, tutrix. vs. ). II.
Conrt, parish Of East F llciana. -,
names an obligation Joint in form. and proof is
made, without objection. that they were com
mereial partners. Judgment In solido may be
Judgment amended by allowing sundry
No. 7o14. School Board. appellant. va.. r.. J..
parish Of West FeIirlana.
A suit upon an ot1leial bond must be brought
n the parish where TIE principal resided as the
which be subsequently, removed.
Judgment reversed md case remanded.
Justices rr h apa saaee
opinions. 49,
No; sa7o Johp a !; Ken app9llsn IT. vs. So q M
trigt Court, parish Of Madison.
Where mn Injunction L. sought In matter
within the jnris diotlon Of the Distric! COURT. me
Judge refusing himself because Of interest. tho
order should DO granted by tho Parish Judge
Of IN adjoining parish Judgment reversed and
Justice Spencer reoused himself.
No. 7ol5. J. =. Smith, appellant. Va. Parish OF
Madison. Appeal from the District Court. par
police jury is without authority to Issue It's
warrants. or eerip. or paper OF any KIND ne
nor Sny SS
act Of the General Assembly. and Without pro-
vding In the ordinance creating the debt the
means OF paving It,,
No. 7oe5 State OK rel. 9. c.. Haley Va. the
Judge Of the Fourth District Court. parish OF
Tho execution of a judgment for q sum OF
money cannot be suspended by rule. and n
suspension will not lie from judgment dis
Mandamus refused.
-. No. Toll. Adam Deeklar. appellant, vs.. Mrs. p.
Frankenbergsr ct . Appeal from the Parish
The Parish Court has jurisdiction OF q suit on
q note for $500. though accrued interest thereon
be claimed. Judgment reversed and case re-
Justice DeBlanc dissents.
No. 5000 Simon siess vs. David siess. appel.
lant.-Appeal from tho District Court, parish Of
Ayoye|es. Judgment affirmed.
No. T024 William Blaekie vs.J. md Q. Arbour.
appel lants.-Appeal from the District Court.
parish OF East Baton Rouge.
$a0s6 So.
No 7os Mr. Amelia W Nha aHppsl,Gintt ,om
the ibis district 1 oo"rt as eosas ''0
Judgment amended by allowing 30 per cent
additional damages.
ny JUSTICE MARR.
No $685. Warrick Tunstal vs.. the Parish Of
Mndison.-.Judgment affirmed
No. FOOT. Virginia Bush W. Britton II Moore
Judgment affirmed.
NJ 7Cs Ann 7 speaps r. W. L. Jackson
No, 7obs Henry Renshaw vs.. A. Keene
Richards. Judgment affirmed.
j., No: 693s. Tho State OK rel. W. T. Mason rs.
parish OF Orleans.
Mandamus refused.
ny JUSTICE pE BLANC.
No. ee74 Mrs Alpha p. Nugent vs. Mrs. Dora
L. stark and her husband.
Judgment reversed.
No. sas1. VIM. II. Boullt vs. J. sarpy and M. P.
Metoyer.
No. $500. State vs.. Hr. Morgan.
No. 7oA. Succession Of John J.; Pointer. On
oppositions Of Barrow Popennd -. Dupuy
No. 1915. Jas, M. Alexander vs. VIM Tenant
and wife.-Judgment affirmed.
No. 6a29. Ophelia @. Burbank. tutrix. vs.. VIM
Harris.-Judgment reversed
BY HON. r. A. MONROE.
Judge of the Third District Court sitting In
the place OF the Hon. Chief Justice. refused. the
other members Of the court being evenly di-
vided in opinionJ
No $3.50. M. NJ. Ada Calhoun vs. Mechanics
and Traders Bank. Judgment affirmed.
Justice Fgan delivered n ooncurring opinion,
and Justices DeBlanc and Spencer delivered
dissenting ones.
BREvITIEs.
Tho Citizens Reform Association met last
evening Mt their rooms and adjourned subje
to the call of the president.
Last evening tho members of Mechanics Fire