The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-25
THE COURTS.
SUPREME COURT DECISIONS.
Friday. May -, 1873.

lT6Seut. All tu6 u uSIlCeS.
BY CHIEF JUSTICE MANNING.
No 1904 r. Shawcross Il Co. ys. B. Nivette
appellant.-Appeal from the Sixth District
Court parish of Orleans.
Judgment affirmed.
No T11o The State OF Louisiana vs. jeff Dem
nison alias Jefferson Dennis, appelant.-Ap-
peal from the Superior Criminal Court. parish
of Orleans.
judgment reversed and defendant ordered TO
be held for new trial.
No 1880 Succession of L. W. Lyons. On ap-
peal OF w. W. Lyons and other heirs.-Appea1
from the Second District Court, parish Of Or
leans.
The failure to insert the suretys name in the
body of an appeal bond is fatal.
Appeal dismissed.
Justice DeBlanc delivered q dissenting opin-
ion. in which Justice Egan concurred.
BY JUSTICE MARI.
No 67o5. Crescent City Live Stock Landing and
Slaughternouse Company. appellant, vs.. John
Guiche..Appeal from the Sixth District Court.
An order of court dismssing a rule ujsi an d
refusing the Injunction, need not be signed by
No. 7176 The State Of Louisiana OK rel. VIM.
Il. Mason ct a. vs.. the Judge of the Second
District Court fol. the parish OF Orleans.
Though motion to dismiss an appeal Is
pending in the lower court at the time fixed for
the return. the appellant must either file the
transcript or apply to this court for an extern
emptory.
by JUSTICE DE BLANC
No. ,71s John Magner. appellant, ys. Htber-
MIA Insurance Company,-Appeal from the
Sixth District Court. parish OF Orleans
Under executory process issued by them. de-
PENDANTS purchased certain property belonging
to Magner. and which he had mortgaged In
their favor. Some time after the adjudication
to them they caused writ of possession to
issue commanding the sheriff to evict Magner
from the premises and put hem in possession
Joined. In the present suit. on the ground that
In the interval between the adjudication to de-
fendants and the issuing of the writ of posses
tax collectors sale, made for taxes due by him
upon the properly before the sheriffs sale to
d 11 Il :. rex that such sale BY the col
Judgment affirmed
BY JUSTICE EGAN
No; G7ao., Warner Van Norden, appellant. vs..
Leeds Co. ct al.-Appeal from the Third Dis
Plaintiff entered into contract with the Mis-
sssippi and Mexican Gulf Ship Canal Com
pany, by which, to secure advances which he
made. the company pledged to him the amounts
ments, from the city of New Orleans under act
No. 80 OF 1871, providing for the drainage of
constructed by said company. The pledge of
such credits is valid. and they cannot be seized
under execution issued in favor of third per
son to the prejudice Of the pledgee.
Judgment reversed.
BY JUSTICE SPENCER.
No. $3.50. Augustus I. Hickman, appellant. va.
G. J. Freret and w. P. Freret, in solido-Ap-
peal from the Fourth District Court. parish Of
Orleans. On rehearing.
The entire interest of an heir In a succession
must be seized. appraised and sold as unit
not his interest In either Of the separate pieces
of property belonging to the succession.
Former decree, affirming judgment of lower
court. maintained.
Justice Egan delivered concurrent decision.
Nos. 1898 and 1894 Christian Boye vs. Thomas
Miles: Thomas Miles VS.. Christian Boye con
solidated.-Appeal from the Fifth District
Court, parish Of Orleans. On rehearing.
Former decree set aside and judgment Of
lower court affirmed.
Justice Mari dssents.
No. 1894 Martin Lannes ct al . appellants, Vs.
Jean Courege ct als.-Appeal from the Third
District Court. parish of Orleans
writ of sequestration can properly issue
commanding the sheriff to take into his pos
session notes sued upon and filed In court
other than that from which the writ issues,
where plaintiff In sequestration alleges that the
person who sues upon the notes is not their
owner and has obtained possession of them
and such alleged fraudulent pos
SCISSOR can be enjoined from using said notes as
his own. or as evidence of right In himself,
until the issues raised in the seauestration and
Injunction suit are determined.
Judgment amended.
Justice DeBlanc and Egan delivered dissent
Ing opinions.