The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-30
Monday, April 70, 1873.
Pres ent-All the Justices.


ants.
Justice Spencer dissents.
No 6O72, City Of New Orleans vs. Mrs. Emma
Mott. appellant. Appeal from the Superior
District Court parish of Orleans. Judgment
No cora. City of New Orleans vs. Mrs W A.
Mott, appellant.-Appeal from the Superior
District Court parish of Orleans. Judgment
affirmed.
man, appellant.-Appeal from the Superior Dis
trict Court, parish of Orleans. Judgment
No 1885, Succession Of John Durkn. On op
position Of heirs. appellants. to administrators
acccunt.-Appeal from the Second District
Court parish Of Orleans.
circumstances to the portion allowed by the act
of 1859 vests In her at the moment Of her hus-
ceived 1t, her heirs. of age. cannot claim 1t
from the husbands succession to the payment
of the debts of which it must beappropriated.
Judgment affirmed.
No. 7O32 State vs. Ebert FauIk, appellant
Appeal from the District Court, parish of
cause. during the trial Of which the crime Is
alleged to have been committed. s admissible
to show that the Judgment was in accordance
with the evidence of the accused.
In criminal cases it Ia not necessary that one
of the petit jurors be designated as foreman,
the petit Jury by which the case IL tried. It suf-
fees that the verdict is delivered te,nts and
recorded by the clerk. Judgment reversed and
III.
No 6o7s. state vs.. Bradford Burns, appel
lant.--Appeal from the District Court. parish of
Jackson. Judgment affirmed.
Geo remnant. ct ais. Alex. Smith and others,
sureties and appellants Appeal from the Dis
triet Court parish Of Fast Patton to hong9
attorney for the State, who has obtained the
Judgment Appealed from. If he be out of office
still in office. but absent, 1t should be made at
his domicie, and not upon the officer who tenn
po2rarly represents him;
The validity of bail bond Is not affected by
the Indictment being found for an offense Of
higher grade than that expressed in the bond.
and which higher crime includes the lower.
Motion to dismiss denied and Judgment af
firmed.
No. 1868 The State Of Louisiana ,vs. William
W pPs Of MaAs1cn 9% h9 a Rzrd
No 1894 John H. Catherwood& Co.. vs. VIM.
Il. Shepard. ACKNOWLEDGEMENTS from the Fifth
District Court, parish of Orleans.
Where the tenth day after service of citation
is dies non, defendant has the whole of the
entered only upon the twelfth day.
Judgment reversed and case remanded.
Justice Mari delivered concurring opinion,
in which jus tice peBanc conquered.
No. $500. Joseph Jacob vs. Robert L. Preston.
| appellant-Appeal from the Sixth District
Court. parish Of Orleans. Motion to dismiss
denied.
No. 6o5s. James sharkey. tutor. vs.. Leslie
Bankston appelant-Appea from the District
Court, parish of Tangipahoa.
where the eSecubEI& Ol IL succession HumlnlS-
tered upon In parish occupied by the Confed-
crate forces during the late war removed to
New Orleans and took the oath of allegiance TO
the United States Government. the appointment
OF dative executor and sales by him of prop
erty Of the succession are aid. Judgment re-
Justice MARI took no part In this decision.
BY JUSTICE MARI.
No G553 NJ M. Ada Calhoun vs. Mechanics
and Traders Bank ct al.-Rehearing refused.
No 1918. State, OK rel: Board of Supervisors
of the Louisiana State University and ,Agrteul,
the Fifth District Court parish Of Orleans; %
of 1857 are valid obligations of the State. and
their holders are entitled to have them funded.
Judgment affirmed.
Samuel vs. Allen Jumel, Auditor. appellant
Appeal from the Third District Court parish Of
Orleans.
The court will presume until the contrary is
shown that the Assistant Attorney General was
authorized by the Attorney General to inter
IN 5a and be-
parties to the suit. who aIlege an interest in the
Judgment. may appeal from it by motion as well
M ,ton TO dismiss overruled
No. 1929 State of Louisiana vs.. Israel Morri-
son, appellant.-Ap from the District Court.
parish Of Ponte Coupee
The absence from an indictment Of the in
dorsement "A true bill. signed by the foreman
of the grand jury. Is fatal to the prosecution.
detained in custody to await further action of
the District Attorney and grand Jury
No. 67s9. ,Workingmen's Bank VS.. Blaise
Lannes and Pierre Lannes. appellants.-Ap-
renl from the Fifth District Court parish Of
Orleans.
the collection Of taxes by sale or otherwise, be
fore the first Of November, 1875. and sale by q
tax collector bet tween the date of the passage of
that act and expiration of the delay it provided
was an absolute nullity.
Judgment affirmed.
BY JUSTICE Dc BLANC. r"
No. seoe E. S. Eskridge and husband VS. E. D.
Farrar. agent, appellant. and Mary f., Ogden
ct ais. VS.. The heirs and universal legatees of
John Perkins, appellants -Appeals from the
Disric, Court parish OF Madison.
judgment reversed and case remanded.
Justice Spencer Reused.
No. $685. The State vs. Joseph M. Johnson.
| ant.-Appeal from the District Court.
pa ism of Ouachita. Judgment affirmed.
No. 69a9, Succession Of Stephen b. Linton on
opposition Of G. E. Fenner OF ais. appellants. 49,
Appeal from the Parish Court, parish Of Ra-
| pides. Judgment amended
The Chief Justice recused.
! No. 6999. The State of Louisiana VS.. David
/ Sers. appelant-Appealf from the Parish Court
! parish Of Avoyelles,
/ Judgment reversed.
/ No. 7lGs. Jas. .. Fox ct al. va. VIM. Mckee ap-
pei ant. -Appeal from the Sixth District Court
Where separate leases of distinct pieces Of
property are executed by the same parties the
l4ssor can in the same suit demand II g cancel.
Iation Of both leases and the amount due under
each,
The lessor hos no right to professionally seize
| the effects of his tenants on the ground of the
lntters failure to pay the rent at the stipulated
time when the tenant, be- ween the date when
the rent became due and the institution of the
suit, has rendered the amount due 10y him. and
DANA es will, in such a case, be awarded
against plaintiff. who has caused such seizure
| Judgment amended
By JUSTICE EGAN.
! No. 5000. The heirs Of Jacob Hoover, appel
lants. vs.. z. York and Z J. Hoover, exec utors.-
/ Appeal from the District Court, parish Of Con
/ cordia.
Rehearing granted and former decree
amended so "a simply to affirm the order re-
fusing to transfer the cause. appellants paying
costs of appeal.
No. COS. The State vs. Ben Weasel and Rob-
ert Williams. appellants.-Appeal from the
Ia 81 Dn1nIn