The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-05
SUPREME COURT DECISIONS.
monday, February 4, 1875.
Present. All the Justices.

ny CHIEF JUSTICE MANNING.
No $3.50. Olympic Bnisse and husband VS.. II.
T.. Dixon, administrators, OF als.-Reheating
No s7o2. Breaux. Fenner d Hall vs. Justus
Franke. Rehearing granted. ,..
Mo- bp8. H. III. Cummings, James a.. Oum-
,nlngs subrogee. vs. ]. NJ. saux. lseheating re-
fused.
NO. eosa. Hy. Ellermann vs.. John McMalns OF
als. -@ltehsaring refused. 4.s,.
No 1886, John j. Hayes vs. Robert Brewster OF
als. Rehearng r,fussd. r.. - Mae, f,r.
No GJpt. John j. Hayes vs. CITY o1 view VT
leans ct als.-l tehehring refused. x.s.,-.-
No. GAGS. Gelina Bout'e 1t al. ys. EXECUTORS OF
j. Bgne e. b Isinaea H. Jacob
uuae estsH u Rast fsssaa ,l' we
The indictment is pot vitiated by tna lee,tih,,
aftsr the words against the peace and dignity
III ffa aar,,f,.n al proceedings which had taken
place and caused the Interruption OF prescfip-
No. ga, The State Of Louisiana vs. Alonzo
Brooks and John Brooks hr.. aepellanI1s .A A.,
PEAL from tho District COURT. parish OF East Fe-
ticiana Judgment affirmed. =, ,.,,.
Mo. ei7s. the State Of Louisiana vs. NJ, Gala
bg!minal court. parish Of Orleans. Judgment
Mo. esii. The State OF, Louisiana va; Alfred
Ford, appellant Appeal from the DISTRICT
The absence Of a plea TO an indictment IA q
criminal case vitiaes the trial. even though dis
pensed with at the REQUEST q ths pfls9,nef1
under an Indictment. for burslary-the two
ofTenses not being OF the same generic class
NJ sspo b t9, Of Of Louisiana VI Alfred simien
parish d 81. Landrv. ..-, ..,, ..,,,,. ;,
moves for continuance Of the trial is. for the
purpose ot the motion, to be taken as true. anu
no counter affidavit can DO rsasiyea. nor .t can
tho statements III facts 1t contains be, CONTRA
aieted by q cross examination or dHhhde pr9Yi.
When the declarations Of n prisoner to t ~.
w1ita b. " that e o i and the written exami
nation offered by the State is upon objection by
the prisoner. held inadmissbe by reason OF r.
regularity In it's attsatatinn. parol evidence ls
admissible to prove what the prisoner voluhta-
riy disclosed. Judgment reversed ana case
justices berlanc dissents.
No Gsob. The State OF Louisiana OK rel. Mrs.
JA!ia A. yentress vs.. the Parish Judge OF lber-
Mantatmus made peremptory and prohibition
M. SsBi' Alfred Rousseau vs.. Bertrand Aha-
trlct court parish of Orleans. ,,
Judgment amended by being reduced to
Mo. .o42e Pauline Beauregard. appellant, va
Theodore Levep,i.-Appea from the Fifth Dis
trlet Court. parish OF Orleans. .....,
Plaintiffs mother and natural tutrix, upon
proper judicial authority. granted by ADVICE OF
family meeting. obtained from defendant
loan To defray the costs OF urgent repairs TO her
property and for the maintenance OF the
daughter To SEIZURE which loan she granted p
special pS hs sad gr2pet MhGh
favor Of The minor. In accordance with. the
authorization of tho family meeting and Of the
Judge this special mortgage was granted nri-
ftitorship. The notes not being paid at ma.
turitY, defendant fereelosed tho morgage an, q
bought la the property Held THAN plain{i iu
amount loaned by him. coinpel MIN g surren-
der this properly II aatislastioh s OF the lpag
against her mother on account OF the tutorship.
Judgment affirmed.
liant, VI. WIN. T, Peck.-Appeal from the District
Court. parish Of Red RIVER.
T1e failure II q constitutional officer to siye
the Revised Statutes, does not tpso fucfo dtyest
hin. Of his office. !and though defendant failed
to give bond within that time. yet as he had
done 20. and qualified before telatnr WIS ap-
pointment Ia void, as at its date there was no
vacancy. Judgment affirmed.
No. eyi4, The state OK rel %. Rabnsse. appel
liant, va. The Police Jury Of Terrebonne. APP
peal from the District Court parish Of Terre-
bonnie.
March a., 1874, tn Investigate and determine the
validity of outstanding claims against the par
sh q b ha 10 aqhrly 70 ss tg
for iii that act In the absenee Of q resolution oil
the police board authorizing their issgeand FIX.
should be made payable. Judgment affirmed.
by JUSTICE MARI
M. ea6p The State es rel G. O. Durand ct al.
va. the Parrish Judge OF ut. Martini.
The administrator or any creditor OF u Fuc-
censipn has the right to appeal suspenavely
from Judgment ON opposition to the account
upon giving bond for an amount sufficient to
pay costs.
Mandamue made perem ptory. mM
,Juatiea DeBiane refused himself in this case.
No. .ase4. Mrs. Mary Sexton. appellant, vs.. NJ.
q. Sullivan ct ais. Appeal from the rht Dis.
trct Court parish OF Orleans. Judgment af-
flrmed.
tNoTn Owing TO the crowded condition of our
columns q portion Of tho Decisions have been
omitted. We will publish Thorn to-morrowl
ftn - q -
Fv,IuJN rnIJJyF3I1