The New Orleans daily Democrat., 1878-02-06
SUPREME COURT REPORTS.
Monday, February 4, 1875.
ICUNTINUEU.T
NY JttsTrrtH MAUR.

by JUSTICE MARI.
No. es92, State Of Louisiana VS.; jim Thomp-
sou: appellant. Appeal from the District Court
on mn in stmeat .t M for petty larceny hs addi
steal and carry away, of the words and kill .
NJ: sqqs Herman 4 vien0 a appellaats, ",,Ii VS.
Justin j. Ameaee .,Apn,eal from The District
in On a,tachment suit the the truth of rhe af1da-
VT on which the writ issued may be- inquired
writ itself is concerned. without references to
the merits. Judgment affirmed.
SPY JUSTICE DE 6tANo.
No. ess-.. Succesgiou Of francois Bousere
on on G,pp.sItion Of Mr. Laurent to accouS Of
Patish Court. parish Of st. Charles.
In cases Of successive administrations. the
eommissfcn to which each administrator is on
| titled must be reckoned on the portion of the
| estate which remains to be administered at the
date OF his nnpoinment. Judgment amended
N2 the % nc 81 Sas1 ha ex rs ~ = Williamson
Upon rendering q bond for costs party is
snt.aeI stnt to asnspensive appeal from Judgment
| dssolyinE. without damages, m Injunction
| which he had sued out against the execution Of
writ Of seizure and sale
Mandamus made Deremptory
| NO. Gs2t. Stnte OF Louisiana ex rel. nj. NJ
Samuel appellant, VS.. Allen Jumel, Auditor
| appeal from the Third District Court, parish Of
otsaIsi seeien II, of The revised q Statutes pr9ldips
| that ella ms against the State are prescribed
| against If not presented to be audited within
afteF ey ho has reference nc to
| hehre, and not to those he amount OF which Is
| hxed by lazy; Judgment partly reversed,
Shelf s Snd oy Of Nsw AN from
the Superior District Court. parish Of Orleans.
on rghsartHE grHe trst, Es*sssttss: s TIE
NO GAO. Sattler Il Co VS.. LEONARDO Marino.
Salvador Marino ntervenor and appellant.
AppeaL Al 2 from the Fourth DS;riet Court parish
Judgment affirmed.
BY JUSTICE EGAN. O
No. fao. State of Louisiana vs. Joseph Chris
ttan appellant Appeal from the District Court,
parish of Terrebonns,
% The defendant in n criminal prosecution is
entitled TO be present at the trail In person. not
merely through counsel. and bis presence there
must be made to appear in the records of tho
court. Such cases are put at issue By the filing
Of the plea Of the accused. and whore no plea is
entered no verdict can be rendered.
Judgment reversed and case remanded
No 6eo1. state of Louisiana VS. Andrew Brad-
Icy OF ais appellants s.-Appeai from the District
Court parish Of st: Landry,
Where joiut offsnse is laid it Is considered
| in law as n several Indictment agninst each Of
the accused. anh IT on one OF two parties 30
indicted as principals be in custody ne may be
tried alone upon IL without q severance being
ordered. Judgment affirmed.
No .6772. State of Louisiana VIZ. s. w. Curtis,
appellant .Appeal trom the Superior Criminal
-, The, absence of the words "feonlously.' or
,rn ,bmne,afn4t,y or yin burgaris1s T. intent" "
indictment. Judgment reversed and case re-
mundrd
No. e72s. j. G. y. .Aurich We. Goo G. Wolf d
Levi. Joseph Wolf, intsarvenor and appellant.
Appeal from the Fourth District Court parish
OF Orleans. Judgment reversed.
BY JUSTICE SPENCER
No. 6B70. Victor Laurent. appellant. vs.. A. J i.
IteelmaqM M and ?. n. Beelman.-Agpeal from the
Fourth District Court, parish Of Orleans. Judg-
ment affirmed.
No Gsl5 Summers h Brnnnins VS.. james s.
Clark. Samuel l.. Boyd. garntshee and appel
lint.-Appeal from the Sixth District Court.
irish Of Orleans.
day, when the ri ht TO receys them has passed
from one person to another. the tenant cannot
plead, against the latters demand for rent,
payments he may have made by antloi patton to
an unrecorded lease, the fact that he has de-
livered to the lessor his negotiable promissory
lease him from the payment OF those rents up-
der garnishment process issued by u creditor OF
the lessor who hns seized tho leased PROMISES
No. ssle. VIM l.. Cushing ct al appellants.
vs.. Samboln Il DEcrps-AppeHl from tho Fifth
District Court, parish of Orleans. Appeal dis
missed.
Justice DeBlanc dissents.
No. 6sl7 IT, Il. Barrow, appellant. VS. Jules
Iapenge;-AppeHl from the District Court. par
Judgment reversed and case remanded
No. 674e Jean Claverie, appellant vs.. Mrs. l..
4; qerodias and husband.-Appeal from the
Fifth District Court. parish of Orleans
The law forbids the wife to become security
OF her husband, and her note for such pur-
who takes 1t knowingly. is utterly null and void.
Judgment affirmed,
-, No e6oi. Edward Meyer vs.. G.. Defrarge. IT.,
Mehnert. garntshee and appellant.-Appeai
from the Fourth District Court. parish OF Or
leans.
Rehearing granted. former decree set aside
and judgment OF lower court partially reversed