The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-20
SUPREME COURT DECISIONS.
Monday, March IS, 1875.

SUPREME COURT DECISIONS.
Monday, March IS, 1875.
tC6ntinued)
BY JUSTICE DEBLANC.
No, 549f Alfred Rousseau va. Bertrand Aba
die appe!ant,Ahppea from the SIKH District
Kehearing granted and former decree amend
ed by allowing defendant further credit of
NO. 1859. Lesassier, d Binder VS.. Board Of
District Court. parish of Orleans.
on the bonds issued to the Consolidated Assoc
citation of the Planters of Louisiana. under the
e N Ct Had a mot & be
the association. Under general denial no
proof Of the genulneness OF the signature OF
the payee of those bonds is necessary.
The State not being suabe except with her
consent. prescription in her favor does not run
until that consent Is given.
ytdes for the destruction by the board of bonds
funded ny them does not apply to those bonds
evidence If a claim OF the Sta e against the par
i ties In aid OF whom they were issued.
Judgment amended SO as to r.. prohibit the
bonds sued on after funding the same. aud so
as to reserve any right which the State may
haze growing zres ng oa a, q said bonds
Plaquemine ys; Charles Ruff. appelant.-Ap-
xarore Neei Ps asefes1 Hibard ap
pellant. Appeal from the Second District Court.
parish Of Orleans.
Where mother. who was q slave at the time
OF the birth OF her natura! child. has uniformly
acknowledged and treated the child as her own,
aud such child. after his majority. dies owning
property. the mother Is entitled to inherit the
same though she has never formally acknowl:.
edged The child By notaTl a act or By the act Of
sons agent. at the time Of his death OF the sons
properly. Is not sucn q legal possession as can
give the agent any interest In contesting the
No. sS97. silas H. Cooper and wife VS.. John r.
Rhodes. appellant flom the District
The TACT that, q mtnor's property is worth
more than $500 does not divest the parish court
OF jurisdiction Of proceedings tor his emanci-
patton. Judgment affirmed.
lChief Justice Manning took no part in this
No. 5s7s. Elias George vs.. B F. Taylor. appel
lant.--Appeai from the District Court. parish Of
Pending an intrusion suit the defendant re-
leased on bond the injunction restraining him
from collecting during the suit the fees o. the
office In dispute In q subsequent suit against
ceived by the principal, the books of the Office
and the fee II established by law constitute the
best evidence Of the amounts received by the
principal, whose admissions as 10 those
amounts are not adm issible in evidence against
the surety unless the absence OF the books be
properly accounted for.
No. T026 Male d Cammaek vs. A. L. d. Con-
Whepe lie ols q Of am negot bic nofe which,
is alleged to have passed, before maturity. into
the hands Of third persons as a collateral. and
amount. the court should upon defendants
application, order the plaintiff to give security
for the makers Naturalization against its SUBJ
Judgment amended SO as to reject plaintiffs
demand for commissions on sugar and so as
to order plaintiffs to furnish security to the
BY JUSTICE EaAN.
No s971. Succession of d. P. Jackson. On OPP
positions of heirs. appellants. TO account Of adj
ministratrix.- Appeal from the Parish Court.
parish of Tensas.
!. No. 6sss. William M; Lowell, appellant, Us.
nash ct IT Bsfoa from the Dis
No. 6aso. 4. Lehman &. Co., appellants. VS..
g. 81 East Baon hoape the Dis
Judgment affirmed as to debt claimed by
Daainti ids: aRd ia other respects reversed
from the Distlie Court parish Of East Fea}Rna
suesa Ut DP bona o. run onI in om yoF the Of the
he Is put IN mora for non-payment of the
moneys collected by him.
No 7os5, Marie Perkins Evans and husband,
appellants, vs.. Payne HarrisOn.-Appeal
from the District Court. parish of East Baton
Judgment affirmed.
Chief Justice Manning reused himself in
No. 7Ooe, Mrs. Caroline Forester ct al, appel
Strict Court, parish Of, West Feliciana.
Judgment reversed.
No. 7O3s. D. H. Carroll & ca. VS.. Mrs. Lizzie
Hamilton ct ais. appellants. Post d Co., inter-
yenors. Appeal from the District Court, parish
In q suit against the sureties on seauestra
ton md IL Is competent for them to prove
that there WAS no legal and valid seqnestrstion
to support the bend sued on, Or that the final
tanned by collision between the plaintiff and
defendant therein.
Judgment reversed, and case remanded.
No. 7078. The State vs.. Jacob and David Gun
Court, parish OF Vernon.
When the Judge of the lower court refuses to
sign Dill OF exceptions to his ruling on the
qualifications oil Juror. on the ground that
the Dill does not contain correct statement OF
the facts elected on the jurors examination. he
cannot be compelled to hear evidence contra
dieting his own recollection Of those facts.
When the regular panel is exhausted and tales
service Of a list OF the taesmen
Judgment reversed and case remanded.
By JUSTICE SPENCER.
s No. 6s15. Summers l. Brannins VS.. James s.
Clark. Samuel Il. Boyd, garnishee and appel
lant--Appeal from the Sixth District Court.
parish of Orleans.
When lease Of real estate has been properly
registered and is made in good faith without
fraud. it is good against subsequent purchasers
and creditors without precedent mortgages or
privileges. and rents pal in advance by the ten
disturbed. But when the lease is not recorded
selling creditor OF the lessor has right to re-
cover from the tenant the rents paid by him in