The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-08

No. $3.50. Succession OF Joseph u: weaver vs.
Seh T Dsr JRoSr pah q oean judy
No. s S Succession of Il. pnard. appellant,
"; os.eA from The Sixth District Court,
parish Of Orleans, Judgment affirmed
an No 1877 o@ Se
Superior District Court. parish Of Orleans Re-
hearing refused.
ny CHIEF JUSTICE MANNING.
No. COOS. Louis Fix w. Succession. Of Mrs.
Widow II. Dierker.--Rehearing refused. -
No. 6763. Succession of L. ii. Tabary. On
rule by j. Carraud on executor.-Rehearing re-
fused.
No. ss1s Joseph, Bil5gery vs. Thos' Fergu-
s99R ssan reInSedM ontross Vs. Samuel
Jamison.-R ehearing refused.
No. $3.50 John Anderson vs. J. T. .Arnett and
Wheless Notwithstanding refused.
No. 6e9l. State of Louisiana We. Daniel Shay
No. b452 Chas. +. Berens vs. Meyer WE'LL ct
No. s5si Succession of r. e. Bailey. On op-
position OF Washington and Lee oniversity.-
No ssss. state ex rel. Fred Duffe vs. Morris
M. essi. State ex rel. +. Duffel ct al. VS.. Nor
ris Marks. Rehearing refused. ~, ps 20
No. 6707. Lord Cecil ct a.: vs.. the Board OF
Liquidation. -Rehearing refused
No sal Mrs Emily L. Hart vs. st gharles
Ne. csas s Success lon n Of H. H. Woods. On op.
positions of i. T. Chubbuck and Loan and
Pledge Association, appellants Appeal from
the Second District Court parish OF Orleans.
Motion to dismiss refused.
No. eTsb. State OF Louisiana ex rel. Paul Doul-
Tut vs.. the Judge of the Sixth District Court for
the parish OF Orleans.
Mandamus mode peremptory and prohibition
No. s732 Socedad Union Espanola de Bennett
cencia Mutua ct al VI. Andres Docurro ct ais,
appeilants.-Appeal from the Fourth District
court, parish OF Orleans.
Rehearing granted on motion g dsm M AMI
70 SO served before February t6.
No. se4s David B. North. appellant, vs. Il. T.
NTH sH1 pistriet eC Court. parish Of Orleans. O
Where 1t Is suggested In this court that. since
the taking of the appeal a compromise has been
one Of the parties. the case will be remanded
for the purpose of receiving evidence on the
alleged compromise Case remanded. ,.
appellants. vs. Daniel Noriarty ct al:-Appeal
from the Sixth District Court. parish of Orleans.
Former decree maintained.
No. 1896. The State * rel. J. s. Ray. Public
Adminstrator, ys. The Judge OF the Parish
Court of Observation-Disclosures refused.
executors s' Of +. r Boutte ct as. appellants
Appeal from the Second District Court. parish
Where A and d. owning property together.
die, the probate court has no jurisdiction of
suit for the partition OF such property brought
w Wy n9IIs y. stlsst w, .lo M y. -
succession cannot represent the heirs. who must
be individually cited. Judgment reversed.
opposition Of Il V. and T. B. Eastman to account
OF executor. appelant.. from the Second
oom,S t pt , T., VI 4; io5 Tho raor
mnere . mait ,n VI ,,s m na tnS it,
Eran.ng the %,is ,,n uss oe in.eahseued WIFI "
nele.enye W e , sgtsl " vi st ~
o ~, a m h,id s u,'eu, au t tho
particular papers and documents specified in
me appiication IOr tue ceruoraFi' 10 oruered
as 70 me as VIZ N tnls case;
Paris ct al. appellants. ys. Allen Jumel Audi
Tor. etc:.Ahppeal from the Third District Court,
parish p IN OF Orleans.
for the city Of New Orleans from January 1.
1877. to April 80. 1877, seek to comp the Auditor
70 Issue warrants ior their sainr,es during sald
period on the fund appropriated by the act OF
April 4, 1877, as condensation to the assessors
OF the city: They claimed TO nave been ap-
On Spr Raer new proVson S Was made
I0r vac a. seesment OF property In new orleans,
and the aDpointment 81 new board at stated
salary. was provided for. On the fourth day OF
Jne same montn ana year tne general appro-
priatlen plll was passed. contalnlng appropria..
Lions Lor the compensate on OIL the assessors OF
Yhe two, acts Of 1877 must be construed TO-
ðer, and wnen thus construed the approprf-
ations made for the payment Of The assessors
compensation n me act creating the new board.
and the legal Inference Is inevitable that the
sums thus appropriated were intended for the
new board. judgment affirmed.
NO. $3.50. Henry Ellerman. lessee. vs.: John
McMnins ct ais owners OF steamboat Martha.
apnetiant sis from the Third Justices
Court, parish OF orleans.
me right conferred upon the city OF New
vrieans ey ner cnarter 70 establish charges Tor
the use 81 the wharyes constructed by her Is
private right not subject to dives,iture WITHOUT
que legal process ana compensation therefor. |
The act OF 1874 !subsequent In date to- the city's
Ganarterl providing mat any water craft OF more
than one nundred tons burd,n. wholly built
within the state. shall not pay to any CORPORA
ton ices ior WnarIage 49, SO iar as IL relates to
Inc CITY OF New OIlerns, unc9nstltutlonal ana,
Lhsreiore, nun ann vold; Juagmen, a1ilfmed..
:, NO ooys; ny. musson ~ Co.. appenants. VS A.
I ElliottL,Appeal from the Seventh Dis
trlel y Is,i s., parish par OF Ofleans.
rlainllns 500 certain COT on Wnich q rev DAYS
AFTER, ana before payment therefor had been
maze. was purchased py defendant from plain
pl tintiffs' knowledge and they accepted. in
part payment of the amount due them the
check which defendant drew In favor Of their
vendees on account of his purchase and to se- |
cure the balance they accented cerain collater- |
ais from their vendees. Held: That plaintiffs
were astonned from sur ieeiino the cotton to