The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-17

No. $780, Olympic Boisse vs.. Fl. p. Dixon ad-
No. 5ssl State # Louisian,' W J. W, Cannon.
No. 1928 A; 4. Prewett ct a. vs.. F. J.; Da silva.
No 5537. State of Louisiana vs. Mechanics
and Traders Insurance Company.
No. 1888. W. r. Fish vs. Germania National
Bank.
No. 1929 Peet, Yale & Bowling VS.. Nalle &
No. 5G2s John T. Moore Vs. Patrick Irwin.
No. 5645. City of New Orleans vs.. Pa rick
SATURDAY. MAY A. 1873
No. 4o21. s. J. Font vs.. Jose Domingo.
No 4o2s E. j. Gay Co. VS. Eatou & Barstow.
No. No. s 5ss + bd MS9f hTrF Me osGs
No. $500. Louisiana Ice Company vs. State Ma
tional Bank of New Orleans.
No. $780, M. A. SOuthwnrth vs.. Louisiana Leyee
Company and John Il. Gaines OF ais.
| No. 1904. F. b. Gaudet vs.. succession of Con-
No. 1903. Mrs Julia Tracer. tutrix. vs.. Louis
| lana Equitable Life Insurance. Company.
No. Sill. Parmesia W. Cochrans vs.. Louisiana
Equitable Life Insurance Company.
Decisions.
[Continuedl
BY JUSTICE EGAN.
| Nos 6ets and 69t9. State of Louisiana ex rel
gillio recorder ct AL and Mrs. Cora A. Slocomb
appellant vs. John j. Barroy. sheriff, ct ais.
consolidated. Appeals from the District Court,
| parish of West Feliciana.
eonyenti ,H m2rtsage e affects third persons
scribed in the rroper book of the recorder of
| the parish where the property Is situated. SO
that Selling creditor rights canno be affected
| fled with the recorder long prior to the issu
ance of the writ under which the seizure is
%ade h4s rot been entered upon the proper
recourse In such case is against the officer
who has failed to properly record his lien.
Judgment affirmed.
Chief Justice Manning delivered concurring
opinion, In which Justice MARI concurred,
No. 5000. Succession Of Jacob Hoover. The
| hntr OIL Hi,t,N Hon
tervenor.-- Appeal from the parish of Concordia.
sion to annui the will of the deceased where a
| third person. alleging that under the will at
tackled he has acquired title to property, inter.
venes for the purpose OF having the validity of
he will mant lined, the probate court wherein
the suit Is pending is competent. whatever be
the value OF intervenors property. to inquire
him. for the purpose Of determining his right
| to intervene in the suit.
/ Judgment amended 80 far % to permit plain
tiff to contest the title Of the intervenor only to
tho extent and for the purpose of disproying
any interest in him.
No. 6s2s. Augustus Reichard vs. F. Mchnard
ct ais, appellants Appeal from the Fifth Dis
trict Court, parish of Orleans. Motion to dis
miss overruled.
No. 1902 Isaac D. Brown vs. Jos. Bosom. ad-
ministrhor of J. A. Ventress. appellant-Ap-
peal from the Parish Court, parish Of Ibsrvlle
anterior to that for which it is prayed for.
Judgment amended and case remanded for
pr0Oi of date of VentreaS' death.
| No. 69l5 State of Louisiana vs.. Albert Will
| iams appel ant.-Anp"al from the District
Court, parish Of Assumption. Judg fhent
No lo47. State of Louisiana ex rel Carondelet
Canal and Navigation Company. vs. Edward
Pilsbury. Mayor, ct ais, appellants Appeal
| from the Sixth Dist riot Court, parish of Orleans
By the abolition. by act No. 81 OF the extra sos
sion of ST.. of the Park Commissioners created
by act No. "a of the extra session Of 1870 and the
comforting upon the CITY Council Of New Or
leans Of all the powers and duties OF said com
missnners. no such confusion Is caused as
would operate the extingnishment of Il judg
ment previously obtained by the commission
ers against the city.
When creditor e this city has as required
nent in the ordinary form Of action against
the city. hes registered it in the office desig-
mated by the second section of that act, and the
judgment has been duly budgeted he can com
pei its payment by manda anus. 1t is not good
ground Of defense In such a case that there is
! purpose If the fund. having been collected has
u been misappropriated and diverted to other
purposes
No, 6aO6 j. G.. .Dobbinss VS.. Patrick Lyons and
NJ Shelly. appellants.-Apneal from the Sixth
District Court, parish Of Orleans.
Appeal Of Shelly dismissed, and judgment
NO No. sis slse' HilIery Edwards vs. VIM Kicks ct
ais. appelIants-Appeal from the District Court.
The LIABILITY Of the heirs. representatives or
surviving widow, who accepts the community
crimes misdemeanors, when he dies before
suit is brought therefor, is limited to the actual
damage d ne to the person or property OF the
injured party.
Where parties are sued as the surviving
widow In community and heirs of a deceased
person a general denial fled by them does not
require proof by plaintiff of their said capaci-
ties.
to $500 as against the other DEFENDANTS.
No. 55o1 VIM. s: tnIkin, appellant. vs. J. HI,
Oglesby 4 Co: and L; J. .Higby.-,Appeai from
the Fourth Districs Court parish OF Orleans;
tiff must prove with reasonable certainty that
,, at the time he became the owner the fnerchan-
, die bought was in an unsound condition.
No. 55o2. VIM. S. Peterkin, appellant. vs. Geo.
Martin.-Appeal from the Fourth District
! Court parish of Orleans.
, Where the seller If the merchandise is not
cognizant of the hidden defects of the thing
ence, al TIE time and place Of sale, between the
actual value OF the thing sold AID what it would
have been worth if it had been sound article.
No. 7o7o Crescent City Live Stock Landing and
Slaughter house Co. vs. John Larrieux: appel
liant; Appeal from the Fifth District Court.
Rehearing granted on motion to dismiss. and
| appeal dismissed. AIM,
Court, parish Of Orleans.
Act No As Of 1876 annexng the Sixth Munici,
| pal District of New Orleans to the Second III.
dical District. did not divest the courts OF Or
leans of jurisdiction OF suits Instituted against
residents of that district prior to and pending
Vat the date of its passage.
Judgment amended by being reduced tc
$5248 10.
No. 1866. Rose /. Goux. husband, ct al. vs.
Joseph Moncla. appellant.-Appeal from the
District Court parish of Avoyelles.
When the same person is administrator of
succession and also tutor of a part of the heirs
his possession of the estate must be held to bt
as admi mist rator. and his bond rs administra
tor enures to the benefit of the heirs as well as
| IF tbac af the IpppDSpt
Judgment affirmed.