The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-21
THE COURTS.
SUPREME COURT DECISIONS.
Monday, May 20, 1873.
Present: All the Justices.

BY CHIEF JUSTICE MANNING.
No. G73a.- William P. OHern, appellant, VS..
Hibernia Insurance Company Of New Or
leans ct al.,Appeal from the Fifth District
Court, parish OF Orleans.
The collectors adjudication of property at
tax sale confers title which must be consld-
cred as primn facie valid one, and, there
fore the allegation that party holds such
title Is sufficient to warrant the enjOining of
executory process issued under prior mort
gage.
Judgment reversed and case remanded.
No. 7048. Thomas LaChambre IL Co. vs.
Henrietta Lauve and Jas. u. Cole, appel
lants-Appeal from the District Court, par
ish of Iberville. On rehearing. Former de-
cree, affirming judgment Of lower court main
tanned
No 1907. William ?. O'Hern appellant, VS.
Hibernia Insurance Company, ct al.-Appeal
from the Fifth District Court, parish of Or
leans. Judgment reversed and case re-
manded.
No. 6so5. F. A. Lnling, appellant. vs. B; s.
Labranche, tax collector.-Appeal from the
Parish Court, parish of st. Charles.
A person whose business or avocation is
that of planter or manufacturer, and who
keeps In store upon his place only such
goods as his employees require, and who sells
to them alone, and not to the general public,
is not retail dealer within the meaning Of
the revenue act and Is therefore, not liable
for the tax or license imposed upon retail
dealers by that act.
Judgment reversed.
No. 1928. Peet, Yale & Bowling, appellants.
District Court, parish Of Orleans.
Where a person, with intent to convert the
same to his own use, takes possession of the
effects of a deceased person without having
been authorized to that effect he renders
himself personally liable for the debts Of the
that succession may sue him, though he
have not been criminally prosecuted for such
action. The probate court has no iurisdic-
ton of such q suit
BY JUSTICE MARI.
No. 1850. Jules Mayronne tutor, etc. ct al,
appellants, VS.. Eug. Waggaman and Aime
Gautier.-Appeal from the Sixth District
Court Court, parish of Orleans. Judgment re-
No. 6872. State of Louisiana ex rel. Martin
Lannes, ct al, VS.. Attorney General of State,
appellant.-Appeal from the Sixth District
Court, parish of Orleans.
No 1876 of 1868, be compelled to institute suit
against any corporation for the forfeiture of
its charter.
Judgment reversed.
BY JUSTICE DE BLANC.
No. 71G7. State ex rel. Widow Berens VS..
the Judge of the Fourth District Court for the
parish of Orleans.
"A SuSpenSlFe appeal from LIle judgment
dissolving the injunction sued out to arrest
an order of seizure and sale will lie upon ap-
pellants furnishing bond in such sum as the
Judge may fix to cover costs.
Mandamus refused.
No. 2a25. David 6. Cooke, appellant, VS.;
Hugh Allison and Andrew Allison.-Appeal
from the Seventh District Court, parish of
Orleans. Judgment affirmed.
BY JUSTICE EGAN.
No 1894. Succession of Robert c. Hynson
On rule Of heirs, appellants, against the ex-
eeutor.-Appeal from the Parish Court, parish
of Rapides. Judgment affirmed.
No $685.. Succession OF Mary Hynson. On
rule of heirs, appellants, against the execu-
tor.-Appeal from the Parish Court parish of
Rapides Judgment affirmed.
BY JUSTICE SPENCER.
No. 1922. Julia A. Ventress, individually
and as testamentary executrix, vs. Isaac
Brown. ct al-Appeal from the Parish Court,
parish of Iberville
No judgment can be rendered In suit for
partition unless the case has been put at
issue as to all OF the defendants. Judgment
reversed and case remanded.