The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-16
SUPREME COURT DECISIONS.
Monday, April 10, 1878.
present-All the Justices.

No. 1889. Leopold de Poret VS.. A. L. Gusman
1t as. c vReh m granted It,, NJ. r,,.,,
Puekeu. -Rehearing refused.
No 1913. Acauillt MELVIN va. Mrs. Elizabeth
M. Taylor and Observation-Disclosures refused.
No: 1913. Elias George b. +. Taylor.-Re-
hearing refuse d.
No; 5000 Succession Of James W. Pipes.-Re-
No, e7a7. Aurore Neel VS.. Pelagie Hibari-Re-
hearing refused.
No. sos. Crescent City Live Stock Landing
and Slaughter house Company vs.. John Lar
lieux.-R ehearins refused.
No. 67g4. John Larrieux vs.. Crescent City Live
pany.-Rehearing refused.
No e7o4, Crescent CITY Live Stock Landing
and Slaughter-HOu COMPANY vs.. William &.
kerner.- Rehearing refused.
No. 6772 State of Louisiana vs. s. W. Curtis
Rehearing refused.
No. 6s7l. Succession OF Frances Parke But
Ter. On petition Of Elliot Henderson, ppellant.
for administrations from the Parish
Court. rish of Ibervlle.
The executor oil foreign will Ia not excluded.
because Of nom residence. from. appointment ~
dative, executor by our, courts Judgment re-
verSed and case remanded.
No, 1851 State OF l. uisiana ex rel. T. Whar-
ton Collens VS.. Allen Jumel, Auditor. appel
liant; from the Third district Court
Kelator caim'd in former proceeding the
payment OF his salary as district Judge forthe
BEEN eleosd and the Court reec,sd H he &c aim
on the ground that the court Of which he had
been elected the Judge had boon abolished! f2e
tain the plea of res jndcntn in this suit which is
brought to recover salary Tor the remaining
qua ters of his term.
Judgment amended 40 as to make mapdamus
peremptory only 50 far Us there may be funds
| No 7o98. VIM. A. Elmore Vs. Allen Jumel,
Aud tor. appellart-Appeal from tho Third
District Court. parish OF Orleans. judgment
No. 1854. s r. Austin. Jr.. va Citiz ms Bank
ct a, appellants App al from The district
| Court parish Of East Carroll
gage and vendors lien has been purchased by
lhird party at n tax sale. and SAID sale and
purchase are manlfettly colIusive and fraudu.
action to have the tax title annulled. Judg
ment reversed.
No 69ei. Marie NJ Hebert and husband, ap-
pellants. VI. Kaphael Heber'. tutor.-Arpenl
!, ON the Parish Court. parish of West Baton
Rshearing granted, and Judgment of lower
court amended by charging defendant with
1920 additional
No, Stil Mrs Emily L. Hart ct al, appellants.
peal from tho Sixth District Court. palish Of
Orleans. On rehearing.
Former decree set aside and Judgment af-
! filmed.
Justice E9an delivered c,neurring opin ion.
Justices Mari and Spencer diss nj.
! No. 7140. Ihe State ex rel. Erhruim Maurice
vs.. the Judge Of tire Superior Cri mina Court
! for he y irish Of Orleans.
commissioners in the parish Of ORLEANS. a now
panel must be drawn from which TO select
grand and petit jurors. Jurors drawn under
'he OLD law are n tc2mpetent to try cases.
No. e7s2 Charles A. Harris vs.. Ant. Dubuclet.
Stat T.easurer. appe' laGt-Appeal from the
Sixth district Court, parish Of Orleans.
The act OF 1878 D. 2ol authorizing the pnr-
chase Of a State House for the sum Of $3.50 900
and setting apart one-half of one mill on every
dollar OF the, general fund to meet the
payment Of the purchase price. is not an
nppropriaion Of, That sum for an expense of
that year. hut a Designation Of that sum n a
particular purpose to be realized and supplied
through several years. 1t Is not therefore. vio-
lative of the constitutional requirement that he
| revenues of each year be applied to the ex-
penses OF that year. and that the State should
not provide for appropriations In excess Of
Former decree set aside and judgment az
hrmed.
5 Sn 1s7 E sSs dsse mt ,oDo p.oo ". The
Judge Of the Fourth District Court for the par
ish Of Orleans.-The pending of an appeal does
not prevent execution from issuing in the
lower court against appellants for the costs OF
the appeal Prohibition refused.
No. e9.7. Sarah 7. Bcwman. appellants, vs. P.
G.. A. Kaufman. sheriff. ct als.- Apreal from
the District. Court. parish Of West FeIiciana.
married woman Is not ,sstopred from en-
liable for her husbands debt. by the fact that
she failed to plead such defense in the first
suit. Judgment reversed.
BY JUSTICE MARI.
! No 1862 Neville Bienvenu vs. Factors and
! Trnderh insurance Company ct al, appel
ants-Appeal from the Sixth District Court,
parish OF Orleans.
The dismissal OF an appeal taken by the cura-
tor I'D hoe Of an absent defendant because Of
| his failure to file the transcript in time does
not preclude said defendant from subsequently
prose utlhg. In person. an appeal from the
/ Mott N to di miss refused.
! No. $3.50. John A. Morris. appellant vs.. Neville
Bienvenu 1T al.--Appe il from the Sixth District
Court. parish Of Orleans.
Judgment amended so as to disa'ow damages,
reserving defendants right to proceed on the
/ Injunction bond.
No. 1886: Lehman. Abraham h Co., appellants
vs.. Mrs Yetts Levy and husband;,Appe from
! Article 22sl. r G. G.. does not prevent the sur
viving spouse from testifying for or against the
sucee- sion of deceased wife or husband
No. 1858; J NJ. Caverie and D. Males vs..
Joseph Billgery. appellant Appeal from the
Fifth Dis trct Court. parish OF Orleans. Motion
No. 1913. Mrs. A. R. Richardson vs.. M oses
urt, parish Of West Feiiciana. Judgment re-
No. 1904. Ben Gerson.. appellant, vs.. G. w
Hamilt n ct al.oAppeal from the District Court.
! Dari OF West Baton Rouge.
A letter worded: AS you have promls ed tn
advance A. am willing to go his security for
the amount of $780, does not constitute a con-
tinuing guarantee. and the guarantor's liability
Is at an end as soon as AS credits on the lac
Tors accounts amount to the sum named
Nc.55la Succession of Cordeviolle VS.. Francois
Lacroix. On rule against the city OF New Or
frmed.
No. 1884, Louis Bauer. appellant, vs. Lochte
A Cordes and K. Morrison. sheriff Appeal
from the District Court. parish Of Jefferson.
Appeal dismissed.
No. 7OOs ]. Mad. Wells. Jr.. appellant vs.
Fannie M. and da Wells. Rehearing granted.
BY JUSTICE DE BLANC
No. 6611. Mrs. Ann E. Green vs.-Miss Ann
Gonery, appellant: Appeal from the Fourth
District Court, parish of Orleans.
No damages can be allowed by the Judgment
dissolving an Injunction obtained under arti-
cles 7a9 and TAO Code Of Practice.
ages.
No. $3.50. Widow and heirs of Julien Seghers
Nese 5on re ana tde A sxfb Gaar
parish OF Orleans.
Judgment reve sed as to Gaillard and
To