The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-04

NO. bb4i. FACTORS ana Traders Insurance
Company VI. Marine Dry Dock and shipyard
Company.
No 5bi7. Thomas Hasam vs. John Mevittie.
No. b744. Maurice Abrams. Moore. Janney y
Hyams subrogated w. Union National Bank
No 575i. New Orleans Mechanics Society vs..
III. III. Harris tax collector.
Decisions.
CHIEF JUSTICE MANNING.
No 1920, Edward J; Gay & 90. w. Francis ".
Pike.-Rehearing refused.
No. 7lhi. State Of Louisiana vs. William Har-
ris.-Reheav ing refused.
No. 1922. state OF Louisiana, ex rel. G. L. Moss
We. Allen Jumel Auditor, appellant-Appea
from the Third District Court parish OF Or
leans.
Tho Legislature cannot consttutionally re-
duce the salary of n parish Judge during the
term which had commenced to run prior to the
act reducing IL.
But when such a reduction has been enacted
mandamus will not lle to compel the Auditor
e sp9 9a, ha for Tbs salary the
Legislature is not sufficient to pay the salary at
that rate.
Justice DeBlanc dissented from tho opinion
rs TO the right Of the Legislature to reduce the
salary. but concurs In the decree.
No 7l61. O III. Lawrence Il Go vs. w. s. Her
nance. for the nse. etc. ct ais, appellants. -Ap-
peal from the Fourth District Court. parish OF
Motion to dismiss refused.
ny JUSTICE MARI
No. 7lls. John Blasini OF al. vs. succession
Sylvestre B'asini. appellant. from the
Second District Court, parish Of Orleans.
suit against persons who have been put into
possession Of succession property as legally
brought by forced heirs. claiming to be recog,
nzeh as such and seeking to recover their
leQitiine. must be Instituted IN n Probate Court
Where man and woman have for years lived
publicly together az husband and wife, the pre-
sumption Is that they were married. and the
presumption Of Legitimacy In favor Of their
children can be destroyed only by proof that
they were not actually married. or that there
was some legal impedlment TO render such |
marriage fmpnasibe.
Judgment affirmed
No. 6TG2. Bertha or Betsy Heyman OF nj. va |
Philip Bnrnstain ct al., appellants.-Appeal |
from The Second District Court, parish OF Or |
leans.
In this case the transcript docs not show that
any appeal was applied for or granted. or that |
an appeal bond was fled Tho dismissal of the |
appeal was, however. not asked for by appel
lees.
Ordered, that appellant within ten days file as
part OF the transcri pt copies of the petition or
motion for appeal OF tho order granting the
same. and Of the appeal bond, OF. IN default
thereof that the appeal be dismissed.
No. 7lI5 State OK rel. James II. Moxon vs. the
Board Of Liquidation, appellant Appeal from
the Fifth District Court parish Of Orleans.
The bonds issued to the Bank Of Louisiana, |
under net of April u 1924 are valid obligations
OF the state and exchangeable for consolidated
bonds, in accordance with act No. Of 1874
No. 1910. Philip werlein w. Merchants Mutual
iba R1s, G1mp9py appolant from
inc FUN nis,r,et Court parish OF Orleans.
No, 7295 Antoine Lanata. appellant Va.
Charles Bayhi. appenl from the District Court,
Article 3O65 II. G. o.. docs not conflict with
those articles ST the cpde Of Practice which re-
peal. Who're appellant shows that he is unable
to furnish tho required bond with competent
surety, and deposits with tho clerk Of the court
granting the appeal m amount equal o that for
which the bond should be made, such DEF Astt
must be allowedt to stand In lieu Of the bontk
Motion TO dismiss refused.
" JUSTICE DEL BLANC
No Gs5G, Bradish Johnson. ct alu., taxpayers.
va. Edward Butler ct ala, poiesiurors, Brette
and Galloway, interyenurs ana appellants
Appeal from the District Court. parish Of
When police Jury Ia about to issue fraudu-
lent bonds of the parish. 1t II competent for
any f h hay bo ub o
Plaauemines Issued under the act Of March Is,
1874 were bound, at their peril. to ascertain II
they were issued In strict conformity with that
JUDGMENT a0lt med.
-. No, $500. Honora Wood. appellant. vs. Pierre
Case. Appeal from the Sixth District Court
parish of Orleans
Judgment affirmed.
No. 676a. Sue essiou of Henriette Coudreau
on opposition to account OF executor appel
lant,-Anpeal from tho Second District court.
Judem emit amended as TO McConnells claim by
reducing 1t f665; and. az concerns the opposi-
tion OF A. Go9dreau. judgment reversed and
No. $500 Henry Lawrence vs. O. Lelievre &
90, appellant, Appeal from tho Fourth Dis {
trlcI court parish OF Orleans.
Judgment reversed.
No. 1887. Succession Of Henry d Ehcppard |
on rule by executor appellant against Ben {
Gerson.-Appeal from the Parish Court parish I
OF Pointe Coupee.
Judgment reversed.
No. s3H. Louisiana Mutual Insurance Co. c
appellants W.. Antonio Costa Mrs A Navarro.
intervenor.-Appeal from tho Fourth District
Court, parish Of Orleans.
Appeal dismissed.
ny JUSTICE SPENCER
No. 6s23 +. b Benton. E. T.. Chubbuck sub ,
rogated. appellant. vs. 7. @. Mahan, Thomas l
Ong, surety Chsm & Boyd intervenors; s. Bel I
den, appellant. vs. sama.-Appeals from the $
Fifth District Court parish Of Orleans.
Ii matters not whether the advances for the
making OF a crop. to secure which a special
pawn or pledge ia given. under act &C of 1874 be ;
In money. goods or provisions
Judgment affirmed.
No. 7245. Amedee Testart appellant, vs.. Hyp-
bite Beot ct al-Appaal from the Fifth Dis s
,riet Court parish of Cflaans .
Motion to dismiss recessed.
No TAT. Mrs. Inez DeBlanc ct al. Vs. John c
B. Clay ct ais, appellants from the .
Sikh District Court, parish Of Orleans.
Judgment affirmed. 7
No. 69i6. Parish of Pladuemines vs. John :
Bowman appelant.-Appeal from the parish
,ourt. parish Of Pladuemines
Act No II nf 1870 d0aS not raDaQl enotf0u 27A5 of