The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-02
SUPREME COURT DECISIONS.


BY CHIEF JUSTICE MANNING.
No. eoao. 0phsli.a 9 bunk, tutrix. vs.. Will
liem q H Lar ., h.hsating retqssd: ,a ~.
opp 10" igto u Mrs.. heppisnan. Rehearne re-
NJ. esls. Vim. l. Gushing ct al. We. samboa Il
No. Gss1 Succession Of Francois Bougere. On
opposiion Of Mis-. Victor Laurent. Reheat Ing
No. 1oie Succession Of james NJ, rrown. on
opposition OF Mrs Ventress. appellant. to ap
pointnlent of dative. executor Appeal from
the Parish Court. parish Of Iberville.
Where pending an appeal from the Judgment
hgmplnea'ing III executors final account, said
adni nsttator is destituted, and under judg.
ment of PARTITION the remaining property OF
the succession has been sold. no new admins
traitor or executor need be appointed
Judgment reversed.
No Ssp5, Il. A. q lins vs. Mrs. Rsbeeca Kauff
man Of ills. appellants Appeal from the Dis
triet Court parish Of Jefferson.
husband. may bind herself as, surety Tor any
person other than her husband.
Motion to dismiss denied.
No. as9l. Police Jury Of Coneordia Parish, ap-
pellant. va. Geo. NJ. Davis OF als.-Appeal from
The Distrios Court. parish Of Concordia.. Mo.
tion TO dismiss denied, judgment reversed and
Justice Spencer REFUSED himself in this case.
No. - In The mattar Of james Wood. ap-
lying for n babegs corpus.
4 he power Of this court to issue wriis IF ha-
bnas corpus In confined TO cases In which II
m,ay have appellate jurisdiction, and such in-
applicant alleges that his lntp isoument will
damage him ~ an amount exceeding $500.
No. 71ta Ihomns La Chnnbre h On. vs. Hem
rietie La,tvs and jus. L. dole atpellunts.-Ap-
peal from the District Court, parish Of her
Vile.
JUDGMENT having been rendered by the Dis
ttiet COURT in n prohate matter under the con
stitnion Of 1859. that court is the prorer ons In
which TO sue for % revival ri that judgment.
though the constitution OF 1868 has conferred
upon the parish courts exclusive jurisdiction
over the matters involved in the original suit
No. 7072. State Of Louisiana w. Thomas O.
Anderson, appellant Hehearirg refused.
lsee full text Of the decision In another col
nv JUSTICE MARE.
No. saoi. Martin Ivens Jr., appellant, vs. H. -
Buck per: Appeal from the Sixth District Court,
The dismissal Of an appeal on the ground
tba, 1t was taken by motion, tnstead Of by petit
ast e d dot @ p eae
pellant from properly taking u second appeal.
| i he apply for II within year from the rendi-
| ton OF ihe judgment.
Motion TO di. miss denied.
No. 7ois Adam .Dobel vs. J. N. Delavallade.
appelIap! - =, Ap,sal from the District Court
| Where exe"utory proceedings have been on.
Joined. he Injunction dissolved and On appeHl
tak.n from the order OF seizure ma sals' the
Motion to dismiss denied and judgment af-
|
No. ess7 Clinton and Port Hudson Railroad
Company va. ), o. Howell, tax collector. appel.
ant.--AlpenI from The District Court parish Of
| East FeIiejuna. Judgment affirmed.
| No. 1000. state IT Louisiana vs.. Abraham, Bass
ct al. appellants. Appeal from tho District
Coaft p III Of nast Carroll Judgment re-
No. 1888. State of Louisiana ex rel. Patrick
Harnan ya; the Judge 81 the Fourth District
| Court for the parish VI Orleans.
No appeal lies from tho order Of The District
Judge rom pandiug the plaintiff in possessoTy
notion to file by given dav. .and upon penalty
Of dismissal Of tho suit. his title to the property
| claimed
| Maudamus refused.
No. 7o25. Chism h Boyd ys. A. L. D; Conrad 8,
Court. Garlsh 81 East Baton Rouge. judgment
pellnnts.-.t ppeat from The District Court. par
No y sssi i GsoTs@ n. Rlsis appsllant Is. Mrs
District Court. parish OF Madison. Judgment
No. $685. Mrs. injury r. Blopin and husband
htsAGPsas I5Sm h E,ur pGt o2aT
"%end ted 50 Us T. a Wsgs credit Of s,' 2
Loufon and Sherifr.-Appeal from ths Distric
Court parish Of tast Carroll
| In cases where the jurisdiction OF this court
Il ponds upon the amount involved. the facts
con'err ne jnrisdiction must appear on record
No. 700 Picard h We'll vs. Dr. J. J. Wade. s.
y Newman Il Co, opponerts and Appellants
Appeal from the District Court. parish OF West
Plaintiffs seized certain property to satisfy 0
balance Of 1920. due ON g, judgment in their
favor against defs, dant. The, property was
emitted to tn, whole Of these poceeds.. The
lower court ordered the balance due plaintiTs
to be paid BY preference Held: That thls
'' Appeal dismissed. ..
No e254. Enoch J. Barkdnll, appe itant; W.. n
from the Distr,ct Court. parish OF Tangipanoa
Judgment reversed. :. -,
Parker. public admiDistrator. Appeal from
tho Second District court. parish Of Orleans:
The law prob bits donations OF immoyable
but where such donation has been made. only
the heirs or creditors ofthe donor canl attack tn
gift He cannot himself demand It's nullity
No. SIT. Samuel Lawson vs.. Geo. J.. Koun
aud William Moran. appellants.-.Appeh from
the Fifth District Court. parish OF Orleans. Oh
Where a former owner Of steamboat, aftel
his ntsrgst n th eot eeSes ats tha III l.
his name, he is liable to creditors OF the boa
for debts arising subsequent TO the sale.
N No so 'G & st a,a Vs. p Mix sheriff
, ct al, appeants-ADpeal from The Dlstflc
Court. parish of Tangpahoa Judgment re-
No. Gssl. J. W. Montgomery appellant. .ys
Louisiana Levee Company.-Appea! from the
District Court parish OF East Carroll.
Under article 1856 g. p. a corporation can bt
sued. In parish other tnan that OF its domicile
only for damages arising from acts q minis
sion not for such as result from the corpora
TONS omission or@neglect to do some particular
act. Judgment affirmed.
No. 1859 Broadway savings Bank Of st; Louis
vs. Edward Vorster ct al. appellants, -ApDea
from the Third District Court. parish OF Orleans
q No 7oas. Stat q louisiana ex rel NJ Zunt
and c. Sporl VS.. the Judge OF the Fifth Distric
Court for the parish Of Orleans ct al.
The jurisdiction OF the district courts for tn
parish Of Orleans in civil cases, does not ex
parish, and resident OF that district IL. there
fore, not q competent surety on the bond 0
Apueal from judgment OF one Of these courts
Mandauus and prohibition refused.
BY JUSTICE DE BLANC.
No. 1878. Chaa. Spohr. testamentary executor
appellant vs. Mrs, Amelia Kahnback:-ApDea
from the District Court. parish Of Jefferson
. Appeal dismissed.
, No. 1866. The state vs. Isham Miles. appel
lant.-.Appeal from the District Court, parish
Franklin.
The power to appoint jury comnissioner
/ I tklln