The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-11
SUPREME COURT DECISIONS.
Monday, January :, 1878.
Present: All the Justices.
By JUSTICE MARI:


IContinued.1
No. $780, Succession OF Jos seph ID. Weaver vs..
John Ternoir, appellant.-Appeal from the Su
perior District Court. parish OF Orleans. Judg-
No 67s6. Succession OF n. Pinard. appellant.
vs. Peter Holton. Mrs. Mary Holten inter-
parish of Ofleans. The legal presumption
that property acquired by the husband and wife,
or by either, during marriage, bel ,ngs to the
community. may be overthrOwn by parole tpsti-
mony nor Is IL necessary, tn protect the mar
ried woman. that the act by which she acquires
property contain the allegation that the pur,,
chase Is made with her separate paraphernal
funds.
The mere statement to witness that the
same questions which were put to him at pre-
vious trial would be again propounded to him,
does not constitute proper foundation for i'm
peaching his evidence by his contradictory an
swers. He should be informed Of his former
answers in order to afford him an opportunity
Of explaining them Ii he can. Judgment af-
frmed.
No. 6oa7. Bradish Johnson vs. NJ Popovich
and J. B. Pignoo appellants. Appeal from the
Superior District, Court, parish of Orleans
No. 5l5S. Miguel Avendano VS.. ]. W. Arthur
& Co.; appelants.-Appeal from the Fifth Dis
trit G urt. parish Of Orleans
mnere anete @ seboai n cohsra h b ana
duced to writing. the verbal contra is valid
and obligatory although the subsequent agree
ment to have 1t reduced to wri ing should not
be carried into effect But, where It is original
ly agreed that the parties are to enter into
tract reduced to writing, until the contract Is
actually written and signed by all parties ,ither
may withdraw his assent. Judgment amended
so as to allow rent only for the period OF defen-
dants' occupancy Of the, ne,premises.
No. 5iS2. II. H. Murrell vS. Mrs. Serena Lion,
wife of III. Lion. and her husband. appellants
Appeal from the Fifth District Court. parish OF
Orleans. Judgment reversed.
No. 6837. Succession of John Clark. On Pc
titon of Mrs. PAMELA Clark. appellant for ad.
minstration.-App from the Second District
,urt, parish Of Orleans.
Tn n.,1i 70 JfHD
| ments were rendered on the same day
| |. Va"ating the order appointing provisional
Administrative;
2. Maintaining the opposition to the appoint
ment of an administratrix;
| 3. Ordering partition by lcitation.
1t was not necessary that appellant take q
separate appeal. and give separate bond. from
each Judgment, and he single appeal incud-
| ing the three judgments is sufficient Motion
| to dismiss overruled.
| BY JUSTICE DE BLANC.
| No. 676o. Sue ,ession Of Jean O. Bollnger. On
oppositions TO account of executrix, appellant
Appeal from the Parish Court. parish OF St Ber-
| nard.
| Subsequently to his second marriage Bollin-
ger sold and received the proceeds of property
belonging to the c,mmunity existing between
| hms II and his first wife. In the absence. o1
| proof that these proceeds were expen led for
| the benefit of the community resulting from his
second marriage his su 'cession alone. and moi
the second community, must be charged Wltn
the claim of the first wife's heirs. judgment
| amended.
| No. 539l. Ni.holas Connel. appellant, VS..
James Q. Davdson.-Appeal from the Fourth
District Court. parish of Orleans. judgment
| reversed.
No. $780, Duncan Stewart vs. Chas.. Lacoume
appellant. Vim. RHinry and L. J. Taney war
rantors. Appeal from the Fifth District Court
parish Of Orleans
The surety ON forthcoming bond furnished
to the sheriff Is not released by the fact tn It the
wrir issued against the prime pal is returned
| nulla bona." before it has expired, unless he
show that property Of the principal might nave
been seized In the interval between the date on
which the writ was returned and that upon
| firmed
No. 5461. Jas. J. O'Hara. appellant vs: City Of
New Orleans.-Appeal from the superior Dis
| trict Court. pari- of Orleans.
| The plea OF prescription can be fled In tne
Supreme Court only before the trial and sub
mission Of the case and il filed after the trial II
cannot be considered.
The city cannot be held liable by a contractor
for extra work done by him at the request o
| ulated for in the contract or authorized by the
Council Judgment affirmed.
| No. 6595. Wheless IL Pratt vs. F. NJ. FISK. w
| W. Washburne defendant in rule, an appel
ant-Appeal from the Fourth District Cour
parish of Orleans. Rehearing refused.
| No. 6692. Widow Sarah Gaines vs. Succession
of J. Martinez del Campo, appellant,--Appea
from the Second District Court parish OF Or
leans.
Defendant pleads in general terms the ex
ception Of prescription" That plea is to-
vague and iGdefnite to be considered, tho par
lticular Drescripti u relied upon must be IN
voked. Judgm mt affirmed.
| Chief Justice Manning dissents.
! No. 67o2. Breaux, Fenner & Hall vs.. Justu